In 2019, Northern Ireland’s laws restricting abortion were repealed. In March 2020 the former Secretary of State, Brandon Lewis, introduced regulations even more permissive than the 1967 Abortion Act. Mr Lewis urged health officials to provide the funding necessary to perform 6500 abortions annually.
Opposition from pro-life politicians and the breakdown of the Stormont Executive over the Northern Ireland Protocol has, however, prevented the allocation of dedicated funding for abortion. Frustrated that the health service was not capable of meeting his target, last year the Secretary of State issued secondary legislation giving himself the power to compel Northern Ireland Ministers to follow his directions. It is this legislation that SPUC is challenging in the Court of Appeal.
Commenting on SPUC’s case, Liam Gibson, the Society’s Policy and Legal Officer, who is based in Northern Ireland, said:
“We believe that when Brandon Lewis issued the 2021 Abortion Regulations giving himself the power to direct the actions of Stormont Ministers to disregard the terms of the Ministerial Code and the devolution agreement he exceeded his legal authority. Although the High Court did not agree with our case, we believe that both the health department and the Northern Ireland Office have recognised that the 2021 Regulations and the Secretary of State’s subsequent directions are, at the very least, highly questionable. We’re confident that we can convince the Court of Appeal that we’re right.
“This is one of the most significant legal actions brought against abortion legislation in UK history and we believe that challenging the authority of the Secretary of State has helped prevent Westminster’s abortion agenda in Northern Ireland from being fully implemented. As a result, the target set by the Secretary of State for 6500 abortions per year has not been reached. That means that the lives of over 8000 babies have been saved over the past two years.
“We are proud to say this legal action has made a significant contribution to protecting the lives of children in Northern Ireland threatened by abortion,” said Mr Gibson.
SPUC is calling on the new Secretary of State, Chris Heaton-Harris to respect the devolution settlement and abandon the course taken by his predecessor. Last month, however, Mr Heaton-Harris announced his intention to finance the Northern Ireland Office’s abortion agenda by reallocating money from the existing health budget. A move that SPUC argues will have serious implications for the healthcare in the Province.
“The health service in Northern Ireland is already strapped for cash. The people of the Province face some of the worst waiting times anywhere in the NHS yet, the London Government is so determined to end the lives of innocent unborn children that it will use money earmarked for the preservation of health to push through its radical abortion agenda,” said Mr Gibson.
SPUC’s challenge to the 2021 Abortion Regulations will be heard by the Court of Appeal in Belfast on 8 and 9 November with a judgement expected early next year.
