The Minister responsible for women’s health matters has reassured islanders that doctors providing abortions have the "discretion to waive fees" in a "range of circumstances" after concerns were raised that rape victims were having to pay to have pregnancies terminated.
However, Deputy Andy Howell said this will not be enshrined in law within the current government term due to "limited resources".
The Deputy was writing in response to a Health Scrutiny Panel letter which requested an update on proposed changes to the island’s 27-year-old abortion legislation.
In the letter, the panel inquired about the government’s timeline in relation to a change to Jersey’s Termination of Pregnancy Law which would reduce costs faced by women who are seeking an abortion while on short-term work visas.
Pictured: Health Minister Tom Binet recently delegated responsibility for women's health to Assistant Minister Andy Howell.
It emerged last month that the abortion law will not be updated until the end of 2026 because of "resourcing challenges" – despite previous announcements that new legislation would be voted on by States Members before the end of this year.
At the time, the Health Minister pledged that that "one key change" to the law would be made before the end of the year to remove the current residency require to ensure that women who are in Jersey for the purposes of work, but who do not live here, can access the service.
Last week, the Health Scrutiny Panel requested a “written update” on the progress of this planned amendment, and confirmation as to whether it remained on track to be completed by the end of the year.
Pictured: A termination in Jersey currently costs £185 if the person receiving it is entitled to access Government health care.
Panel members also questioned the Minister about whether there were any other critical areas that needed to be changed urgently or brought forward.
The letter read: “Do you believe that charging for access to this health care is appropriate? Even in cases of rape?”
It comes after Jersey Action Against Rape (JAAR) described it as "deeply concerning" that rape victims are expected to pay for abortions.
A pregnancy termination in Jersey currently costs £185 if the person receiving it is entitled to access Government health care.
For those who have not lived or worked in the island for long enough, it costs over £500.
But Deputy Howell explained that, whilst it is standard practice for fees to be charged for abortions, doctors running the service "have discretion to waive fees".
She said that this is currently done "in a range of circumstances which would include where pregnancy arises from rape".
"The discretionary power not to charge is also applied to people who are under 18, or a full-time student or in receipt of income support or experiencing hardship," she added.
Pictured: Many responses to the abortion survey highlighted issues with the high cost of pregnancy terminations.
But Deputy Howell admitted there is no legislation regarding abortion costs.
She said that "consideration will be given to providing a legal basis for fees, as distinct from relying on a discretionary power not to charge" as part of planned updates to the island's Termination of Pregnancy Law.
But this law is not due to be updated until the end of 2026 because of "very limited resources".
Deputy Howell said: "It is regrettable that, as matters currently stand, the Minister and I are unable to commit to deliver wholesale legislation change within this term of government due to limited resources."
The Health Scrutiny Panel had also asked for an update on plans to replace a departing staff member in the policy department and recruit an additional policy officer to speed up legislative drafting.
"Please could you provide an update on the two roles needing to be filled and, if they have not yet been filled, what the estimated timescales are?" the panel asked.
But Deputy Howell did not provide any details on this in her response.
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