Abortion law reform: what’s changing and when
The Government’s sweeping abortion law reforms head to Parliament today. Thomas Coughlan looks at what would change and how it would affect abortion in New Zealand.
What would the changes actually do?
Women would be able to refer themselves for an abortion in the first 20 weeks of pregnancy.
This replaces the current system that requires an abortion to be approved by two certifying consultants before proceeding.
After 20 weeks, women would have to meet a statutory test before being given the procedure.
What is a statutory test?
The statutory test means a health practitioner would have to ‘‘reasonably believe the abortion is appropriate with regard to the pregnant woman’s physical and mental health, and well-being’’.
What will happen tonight?
Tonight is the first reading of the bill. That means Justice Minister Andrew Little will introduce the bill, and MPS on both sides of the House will get to vote on it. The bill will probably pass this vote, which means it would head to a specially created select committee, where submissions will be heard.
What is the current regime?
The current regime places abortion in the Crimes Act. However, abortions are still available in New Zealand. Two certifying consultants must first agree to terminate the pregnancy on the grounds that the procedure would pose serious danger to a woman’s mental or physical health. This law dates back to 1977. Since then many workarounds have been tacked on to the system to make it functional, to a point.
The Law Commission says that abortion is still relatively ‘‘common’’ and a report from the Abortion Supervisory Committee (ASC) states that about 30 per cent of women in New Zealand have an abortion during their lifetime. This is roughly in line with international norms.
So what’s broken?
Proponents of reform argue the present system is unworkable. It is said that placing abortion in the Crimes Act makes people who have one feel like criminals. It also places New Zealand out of step with best medical practice.
The many barriers in the current system mean women often have to wait many weeks to get an abortion. This is especially true of women who live outside main centres, where finding two certifying consultants can be difficult.
This has an effect on the kind of abortion that is performed. Earlier in a pregnancy, it’s possible to have a medical abortion. This is a non-invasive, non-surgical abortion, which comes in pill form. But this is used as the preferred method of abortion only earlier in a pregnancy. The procedure is not recommended for abortions that take place later in the term.
New Zealand is very much an outlier in the number of medical abortions performed. In 2017, only 20 per cent of abortions in New Zealand were medical abortions. In European countries, including England, France, and the Nordics, medical abortions make up more than 60 per cent of the total.
Experts like Family Planning chief executive Jackie Edmond believe the changes will result in abortions being performed earlier, which could increase the number of medical abortions, relative to surgical abortions.
What else do the changes do?
The bill gives the Government the power to set up ‘‘safe zones’’ around abortion clinics to stop people from protesting against those who get abortions.
Feedback has suggested that these protests raise privacy issues for people accessing healthcare, and can be threatening to staff. One clinic in Invercargill had to open in secret to avoid protesters.
These safe zones would not be set up automatically, but case by case.
Is this abortion on demand?
No. Detractors have suggested the changes create a system of ‘‘abortion on demand’’ and essentially withdraw abortion from the health system.
However, the procedure and the people who administer it would still be governed by laws that decide who is allowed to deliver health services and what medicines are legal in New Zealand.
Most observers don’t believe the changes will have an effect on the number of abortions performed.
How many abortions are carried out currently?
The number of abortions done in New Zealand has been steadily decreasing for a decade.
In 2007, 18,382 were recorded, a rate of 20.1 procedures per 1000 women of child-bearing age. This had reduced to 13,285, or 13.7 procedures per 1000 women, by 2017.
The decline has been driven by younger women, particularly those under 24, and attributed to the widespread uptake of longeracting contraceptives that have reduced numbers of unplanned pregnancies.
Will the bill pass tonight?
Yes. Parties are treating abortion law reform as a conscience issue, which means MPS can vote based on their own beliefs, or those of their constituents, rather than the positions of their respective parties.
Stuff has spoken to a majority of MPS in Parliament, most of whom will support the bill today, and possibly beyond. Sixty-seven MPS have said they will support or be likely to support the bill today.
Only seven MPS said they would vote against it, with four
indicating they would be likely to vote against. Another 12 MPS were still deciding when Stuff spoke to them.
Will the issue go to a referendum?
At this stage it seems unlikely. NZ First has confirmed it will seek to alter the bill in a way that would mean it would be put to a referendum at the next election. This could be done through something called a Supplementary Order Paper, which will be introduced after the bill comes back from select committee.
It doesn’t look like there’s a majority for a referendum in Parliament. And it appears currently that the bill has the numbers to pass without NZ First support.
However, if support for it falls away as it progresses through Parliament, those who support it may find they have to agree to a referendum to ensure NZ First support, but that seems extremely unlikely.
How did abortion get here?
The current law dates back to 1977, when the Contraception, Sterilisation and Abortion Act was passed. A coalition of social conservatives led by then-prime minister Robert Muldoon gamed parliamentary procedure to make it difficult for social progressives to change the law in their favour
Do the changes have public support?
Public support for abortion reform has been strong for decades. A poll recalled by former National MP Marilyn Waring in her recent memoir had support ‘‘consistently’’ over 65 per cent.
Current polling is similar.
Newshub’s Reid Research poll from March said 69.9 per cent of New Zealanders wanted abortion decriminalised. Perhaps one of the biggest changes is the number of women in Parliament. In 1977 there were just four, now women number 46.
Why is Andrew Little the bill’s sponsor?
The current law places abortion in the Crimes Act, which falls under Little’s responsibilities as justice minister.