Proposed changes to Termination of Pregnancy Law (FOI)

​Request 703929262

The proposed changes to the Termination of Pregnancy Law include plans to make it legal for islanders to have an abortions up to 21 weeks of pregnancy – but not actually provide terminations beyond 12 weeks and six days in Jersey.

​The ongoing Termination of Pregnancy Consultation states: “Jersey has a small health care workforce when compared to other jurisdictions. Given workforce constraints and the need to provide safe services, we know that we will not be able to provide terminations after 12 weeks and six days in Jersey after the amended law comes into force (except for some urgent medically recommended terminations, as is currently the case). There will be a difference between what is permitted in law and what is provided in Jersey because we do not currently have the facilities and skills required to safely deliver later stage terminations in Jersey.”

Please provide documentation showing the calculations and analysis that determined that “we do not currently have the facilities and skills required to safely deliver later stage terminations in Jersey” – including cost analysis. Thank you.

Response

Terminations in Jersey are currently only provided by Health and Care Jersey (HCJ). The amended law (as per the existing law) provides a right for all health care professionals to refuse to participate in the provision of a termination. The Minister for Health and Social Services is advised that: 

• There are very few medical staff in Jersey willing to participate in the termination of pregnancy service. No existing HCJ staff members are currently prepared to undertake terminations (other than medically necessary terminations) after 12 weeks and 6 days gestation. This includes the nursing staff required to support the provision of terminations.
• Second trimester terminations of pregnancy (i.e. after 13 weeks gestation) can be performed either medically or surgically.
• If a medical termination of pregnancy is performed in the second trimester, women require admission to hospital for administration of medications to allow the uterus to contract and to then deliver the foetus vaginally. There are currently no designated hospital facilities for women undergoing second trimester terminations of pregnancy on non-medical grounds. If the second trimester termination is being performed on medical grounds, women are admitted to the Family Room (bereavement suite) on Labour Ward where they are looked after by midwives. This would be an inappropriate place of care for women undergoing a termination of pregnancy on non-medical grounds.
• The provision of surgical terminations of pregnancy in the second trimester carries greater risks than in the first trimester. These procedures are generally performed in a small number of specialist centres in the U.K. with specially trained, experienced staff.
• Even if healthcare providers in Jersey are willing to provide second trimester terminations of pregnancy (and appropriate facilities are available), due to the small number of cases each year, there would be issues with medical and nursing staff completing training, gaining sufficient experience, and maintaining the necessary skills to provide the service safely and demonstrate appropriate governance. The Minister would need to be entirely satisfied that later stage terminations could be provided with minimal risk.​