Brandon Lewis, the Secretary of State for Northern Ireland, is threatening further interference in the region’s abortion policies if the devolved government fails to meet the March 2022 deadline he has set for the full implementation of the radical abortion regime imposed last year. He made the remarks in response to a parliamentary question from Stephen Farry, the MP for North Down. Referring to “the ongoing failure to commission these services” Mr Lewis said: “The delay in the implementation of abortion services is entirely unacceptable.”

He continued “I am keen to work with the Health Minister to ensure that the rights of women and girls are protected in Northern Ireland. However, if it becomes clear at any stage before the March 2022 deadline that the Department of Health, or indeed the Executive, are not making sufficient progress, or are intent on blocking this issue, then I will have no alternative but to take further steps…”

The plans of the Northern Ireland Office to roll out late-term abortion across the Province have been dogged by a lack of consensus over the extreme nature of the 2020 Abortion Regulations. Under the devolution settlement, the health minister is not free to act alone on an issue that cuts across departmental lines. The agreement of the Executive Committee is legally required but no agreement about the Abortion Regulations has been reached.

In July Mr Lewis tried to get around the impasse by issuing a “direction” to the health minister and senior members of the Executive. However, the direction has caused considerable confusion because it instructs the health minister to act in contravention of the Ministerial Code. It is also the subject of a court challenge brought by the Society for the Protection of Unborn Children. At a hearing in October, SPUC’s lawyers argued that Mr Lewis exceeded his authority when he issues his direction and, therefore, it could be completely ignored. The result of SPUC’s case is expected in the coming weeks and will have profound implications for the right of the people of Northern Ireland to decide what the abortion law in the Province will be.

London government has learnt nothing from its mistakes

Commenting on the Secretary of State’s remarks, Liam Gibson SPUC’s Policy and Legal Officer said:

“Clearly Brandon Lewis is frustrated by the fact that there aren’t more abortions, especially late-term abortions, taking place. The vagueness of his threat “to take further steps”, however, gives the impression that he’s running out of options. Thanks to SPUC’s legal action, there’s a serious question mark over the legality of the direction he made on 22 July. If that initiative proves to be ineffective it would be pointless to issue another. The main problem he faces is the requirement in the Northern Ireland Act 1998 that the Executive coalition must agree on a course of action on an issue of this importance.

“He can continue to complain about the deadlock but this was the inevitable result of the constitutional crisis created when MPs decided to interfere in Northern Ireland’s abortion laws in the first place. It seems that the London government has learnt nothing from its mistakes,” said Mr Gibson.