A SINN Fein councillor has questioned whether or not women can take legal action against contraception companies “if a condom breaks” during sexual intercourse.
Debbie Coyle was speaking out against changes to tax credits, which have been described as the “rape clause” by campaigners, during a meeting of Fermanagh and Omagh District Council at Enniskillen Townhall.
Policy changes have placed a limit on child tax credits to a woman’s first two children.
But a clause in the policy means a woman will be eligible for benefit claims on any subsequent child if she can prove the child was conceived by rape.
Chief Executive Brendan Hegarty wrote to Northern Ireland Secretary of State James Brokenshire to outline the concerns of councillors warning that such a clause “could have a seriously distressing effect on rape victims and has the potential to re-traumatise victims of rape.”
But Councillor Coyle described the response from Mr. Brokenshire’s office which stated that it had “set up procedures that are mindful of the sensitivities involved” as “a disgrace.”
“It shows the Tory government has no understanding of domestic sexual violence or rape. This is total discrimination against children,” she said.
“What is this going to turn into? Is there going to be an increase in termination? Would that be encouraged?” asked the Enniskillen representative during last Tuesday night’s meeting.
The clause states that a woman can claim for a third or subsequent child if it was conceived “as a result of a sexual act which you didn’t or couldn’t consent to” or “at a time when you were in an abusive relationship, under ongoing control or coercion by the other parent of the child.”
Councillor Coyle continued: “If a contraception doesn’t work and somebody is on the pill and they fall pregnant, as I know quite a few people who have done or they’ve got something in their arm, or take whatever form of contraception, or a condom breaks or whatever, are they going to be able to sue the company so they’ve got money to raise their children?”
The advice from the Department for Work and Pensions is that women affected should get support from Women’s Aid, Victim Support or Rape Crisis. 
However, Fermanagh Women’s Aid have refused to be a benefits reporting system for the clause, instead branding the policy as ‘sick’.
“They have no understanding how this will affect people, that letter is just not good enough,” Councillor Coyle said.
In the letter from the Northern Ireland Office, sent on behalf of Mr. Brokenshire, assurances were given that the UK government would put welfare spending “on a more sustainable path to make the system fair for those who pay for it as well as those who benefit from it.”
In relation to the so called “rape clause”, the letter stated that the UK government recognises “that this is a difficult and sensitive issue.”
“The dedicated exceptions team in HMRC will direct claimants to third party professionals who will complete a straightforward form with the claimant, which discloses a minimal amount of information and which HMRC will accept as evidence.”
These third party professionals, stated the letter, include health care professionals, social workers, and relevant specialist charities, such as those specialising in rape and/or domestic abuse.
“This allows claimants to have a choice of who they disclose these very sensitive circumstances to, and in some cases will mean they can use a third party professional that they have already established a relationship with. 
“In addition, if there is existing evidence such as a relevant criminal conviction or award from a criminal injuries compensation scheme, the claimant will be able to use this as evidence with no need to discuss their circumstances further.”