Lawyers for SPUC have told the High Court in Belfast that the Secretary of State for Northern Ireland exceeded its authority when he ordered Stormont ministers to roll out late-term abortion across the Province. There is “no obligation” to comply, the court heard, during SPUC’s defence of devolution and the rule of law in Northern Ireland.

John Larkin QC, former Attorney General for Northern Ireland, spoke for SPUC in its application for a judicial review of the abortion regulations introduced earlier this year by Brandon Lewis, Secretary of State for Northern Ireland.

Stormont, Mr. Larkin informed Justice Colton, has “no duty” to comply with an unlawful directive from Mr. Lewis to force a radical expansion of abortion in Northern Ireland.

“A minister of the Crown cannot boss people about unless the law gives them power to do it and act in accordance with his edict, and this doesn’t.”

Accordingly, the Secretary of State’s directive should be treated like the “piece of waste paper” that it is, said Mr. Larkin.

Westminster undermines Stormont rule

SPUC is accusing Westminster of a “devolution power grab” seeking to impose an extreme abortion policy through the Abortion (Northern Ireland) Regulations 2021, that overrides locally elected representatives.

In court papers, Mr. Larkin said: “The Secretary of State for Northern Ireland had no power under Section 9 of the Northern Ireland (Executive Formation, etc.) Act 2019 to make the 2021 Regulations,” while a functioning devolved government was in place.

Liam Gibson, SPUC’s Northern Ireland Policy and Legal Officer, said: “We have shown the court that the Secretary of State has acted unlawfully by ignoring the legislative process and attempting to impose his own will on the people of Northern Ireland.

“There is a real danger that if Brandon Lewis is allowed to get away with this power grab, then it will permanently damage the credibility of accountable government in Northern Ireland.

“The principles of self-government are central to the Belfast/Good Friday Agreement. If London decides to abandon those principles, then it has also abandoned the Good Friday Agreement.”

Resisting “abortion imperialism”

SPUC’s Michael Robinson, Executive Director (Public Affairs and Legal Services), said: “Pro-abortion politicians will stop at nothing to impose abortion, even on a Province that, under the Good Friday Agreement, has the right to make its own decisions regarding devolved issues such as abortion.

“SPUC is determined to resist this abortion dictatorship through all legal means and will continue to do so.

“The fact that the Secretary of State is willing to threaten the Good Friday Agreement shows what we are up against.

“We hope that justice and law will prevail, not only for the voters of Northern Ireland but crucially for the sake of unborn children.”