Access to abortions in the Falkland Islands

A series investigating access to abortions in the Falkland Islands, prompted by public concern.

P1: Written for the July 29, 2022 issue of Penguin News. Printed under the headline “KEMH refuse information on access to abortion services in Falklands”.

Penguin News has been refused information for publication on the provision of abortion services in the Falkland Islands by the King Edward Memorial Hospital (KEMH) and Department of Health and Social Services (DHSS).

As concerns about protection of women’s rights grows globally following the US Supreme Court decision to overturn the Roe v Wade ruling that women have the right to have an abortion, Penguin News investigated access to abortions in the Falkland Islands. The KEMH and DHSS were asked what forms of abortion are available; to whom and under what conditions; in what stages of pregnancy; at what stage a flight overseas would be required and for whom this would be paid for and under what conditions – and whether any of these factors are affected if the termination is medically required or elective.

The following comment was received: “The KEMH will offer help and support to any woman who is seeking assistance regarding their sexual health and/or pregnancy. If a women has any questions or concerns they should contact their health professional to book an appointment to discuss their circumstances. Appointments can be made by calling 28000 and patients are not expected to explain why they would like to see their health professional.”

When asked for further information on what is provided Penguin News were told, “The KEMH will not comment further on this subject.”

The FIG Access to Information Code of Conduct, the policy document which outlines what information government should share, states that FIG is to “provide information about how FIG services are run, how much they cost, what standard of service are expected” and further related information on the FIG services provided.

MLA Gavin Short, Deputy for the Health and Social Services portfolio, asked whether he felt it was appropriate or proper for Government Departments to refuse to provide information on what services they provide and to whom, said “it is such a delicate subject, I think there is a nervousness of putting it out there.”

He added: “I will be talking to [Tom Bale, Director of Health and Social Services] to see if perhaps we can’t get something at least out at least online, just a factual thing.”

MLA Short continued, stating that abortions “cause all sorts of emotions,” - including for those who may have had abortions, and for those with anti-abortion sentiments, and that it may “lead to somebody being rude to somebody from the hospital if they think our services are providing what they don’t think that we should be.”

He added that it can be a “horrendously emotive subject, but perhaps one that shouldn’t be.”

MLA Short also voiced a concern that where services can be tailored to individuals the sharing of these terms may lead to identification of them.

He added that he felt “what the hospital has given is good advice to anyone in that situation.

“Pick up the phone. It’s not going to be easy, I’d imagine that emotionally you’re all over the place - but you don’t have to tell the person on the other end why you want that doctor’s appointment.”

MLA Short spoke in support, also, of the pro-choice movement.

“It’s a woman’s body, they have the absolute right,” he stated.

Editorial written for the July 29, 2022 issue of Penguin News to accompany above story.

penguin News has been trying to get information on access to abortions in the Falklands. It’s a timely matter, with women’s rights being dismantled around the world - and as we had already editorialised on feelings about the situation in the US it made sense to look into what the state of things is locally and inform - and hopefully reassure - women in the Islands so that informed decisions can be made.

It seemed like a simple ask, but Penguin News found itself in the position of being outright denied information by the hospital on what services they provide, presumably because they didn’t like what we - or the public - may have to say about that information. A stance which not only goes against the FIG Access to Information Code of Conduct, but is directly contrary to promises of an open government which are regularly voiced by members of the Corporate and Legislative Government.

The information which Penguin News has asked for, for reader context, is as follows: what kinds of abortion are available; to whom and under what conditions; in what stages of pregnancy; at what stage a flight overseas would be required and for whom this would be paid and under what conditions – and whether any of these factors are affected if the termination is medically required or elective.

We’re not asking for how many people get abortions each year, let alone who was getting them. The information we’re asking for is what services the hospital provides, to whom, when, and whether there are additional costs. The exact kind of information we receive in press releases when the mammography suite is upgraded; the pharmacy hours change; or vaccination clinics are held. It doesn’t take a lot to guess the reason for refusing to provide an iota of information on abortion services when committees share updates on who is eligible for IVF treatments; what optometry tests you can get and what specialists will visit and what they provide.

By refusing this information the Health and Social Services Department is giving the impression, in my view, of perpetuating a taboo around abortions. Are they hiding information about the service because the service provision is known to be inadequate? Neither of these is a good enough reason for refusing to provide information on what services the public are provided. Further to this, the information is about medical services available to the public and has potential to directly affect people’s welfare in a serious and lasting way.

Where opportunity to terminate a pregnancy is limited that may affect what birth control a woman wishes to use, and stating that women should contact the hospital presumes they’re in a home situation where they can comfortably and safely have a phone call and appointment of indeterminate length to discuss their options if they are either sexually active and concerned or have discovered they’re pregnant.

The refusal to provide this information is unacceptable.

P2: Written for the August 5, 2022 issue of Penguin News. Printed under the headline “Information on abortion services provided”.

Information on abortion services provided by the King Edward Memorial Hospital (KEMH) was made public in a meeting of the Legislative Assembly on August 4 when MLA Leona Roberts asked a question of no notice of MLA Gavin Short.

It was asked that MLA Short, deputy on Health and Social Services, describe policy and practice related to provision of abortion services, both medical and elective, and “explain rationale behind the recent refusal to share this information when requested by local media” regarding the story in the July 29 issue of Penguin News titled: “KEMH refuse information on access to abortion services in Falklands.”

MLA Short, providing a written answer of his own - advised by the KEMH - stated he is aware “the subject of abortion is a very sensitive subject” and while his intention was to “give the subject the sensitivity it deserves” it was his intention “to be as frank as I possibly can be.”

MLA Short stated “the Falklands are pro-choice and do offer an abortion service.”

MLA Short explained his understanding: “medical termination of pregnancy can take place here in the Falklands, depending on whether it is deemed medically safe to do so.

“This has to take into account such factors as the general health, age etc of the person involved” and extended “up to nine weeks of pregnancy in most cases” rather than the limit in law of 24 weeks, which MLA Short explained to be “a maximum permitted time.”

The KEMH does not undertake medical terminations of pregnancy after nine weeks “due to the increased risk and complications, requiring surgical intervention.”

The KEMH does support women travelling overseas for terminations post-nine-weeks.

In this case the hospital would pay for the flight only, and provide an introductory letter for women to use for NHS referral or private care. The exception is for women under the age of 18, for whom a parent or other accompanying carer would be covered to fly with them.

MLA Short noted, “the latter service [of a flight being covered] is operated under a custom practice and is subject to certain restrictions such as immigration status.”

It was noted there was not a formal policy which MLA Short said was “something which Honourable Members may wish to address.”

It was raised also that the health professional must be “fully and completely satisfied, as stated by [Falklands] law, that the person wishes to proceed” and “is not, has not been, or is not being, coerced or pressurised by, for example, family or a partner to make a decision they may not wish to.”

MLA Short also reiterated that the advice of the KEMH was for women seeking help or support to contact the hospital regarding their sexual health and/or pregnancy, and that no explanation would be expected as to why they wished to speak to their health professional.

On the reason for not providing the information when asked by Penguin News, MLA Short explained “from conversation it is my belief that the perceived reluctance to go beyond their immediate response to the media query” was due to “the sensitivity of the subject; the feelings of those who had had a termination; the caution that making the subject high profile might deter some who would otherwise have availed themselves of the service; and the worry that if this became high profile it could lead to the KEMH healthcare professionals being targeted by those who hold contrary views to those who follow the policies as agreed” - which was a “lived experience only a few years ago,” MLA Short said.

MLA Roberts, acknowledging the response of MLA Short, said she had been “surprised and somewhat taken aback to see in the paper that the information was refused.”

She added that she did not “believe it should be treated different to any other [medical service]” and added “abortion is not something that anyone should feel stigma about” and “not a subject to only be discussed in hushed tones.”

MLA Roberts stated also “it does appear there is work to be done around formalising policy frameworks and, indeed, the funding of this service - which I have to say I believe should be on a par with other medical treatment overseas.”

It was expressed by MLAs Short, Roberts and Pollard that should any take issue with the pro-choice stance of government they should address this to the Legislative Assembly, and they would “urge them to talk to us and not lobby medical practitioners,” as stated by MLA Pollard.

Nicholas Roberts