Pro-life campaigners say they are considering appealing a High Court ruling that Brandon Lewis, the Secretary of State for Northern Ireland acted lawfully when he directed Ministers in the devolved government to dedicate the funding and resources necessary for a dramatic increase in the number of abortions in the Province. The Society for the Protection of Unborn Children (SPUC) — the world’s oldest pro-life group —says that the ruling could have serious implications for democratic accountability in Northern Ireland and may launch an appeal.
In 2020, Mr Lewis issued regulations that permit abortions late into pregnancy, including abortion up to birth for children with disabilities. However, a lack of consensus on the issue within the Stormont Executive has meant that late-term abortions remain largely unavailable.
Frustrated by this situation, in July 2021, Mr Lewis issued a direction to the First and Deputy First Ministers and the department of health mandating the provision of the funding, resources and personnel required to implement Westminster’s abortion programme. According to the direction, the measures set out by Mr Lewis are to be in place and fully operational no later than 31 March 2022.
SPUC took Mr Lewis to court arguing that he had exceeded his authority but the judge disagreed. The group says it is gravely concerned at this ruling which could have serious implications not only for abortion law in Northern Ireland but the future of democratic accountability in the Province. SPUC is now considering the options for an appeal.
Liam Gibson, SPUC’s Policy and Legal Officer said:
“This ruling suggests that Section 9 of the Northern Ireland (Executive Formation etc) Act 2019 that imposed on Northern Ireland the most extreme abortion law in Europe can override the terms of the Belfast/Good Friday Agreement. We are naturally disappointed as this judgment allows the Secretary of State to have a “broad and permissive” power to impose any measure he thinks is appropriate regarding abortion.
"It is absurd to say that if elected representatives don’t like the current abortion law then they should use their mandate to change it. If this judgement is allowed to stand then the Secretary of State can simply block any attempt to restrict abortion or restore the right to life of unborn children. Brandon Lewis hasn’t only deprived unborn children of their right to life, he has effectively stripped the people of Northern Ireland of any right to decide what our abortion law should be.
“The Secretary of State has given himself the power to advance his abortion agenda in any way he sees fit, regardless of what the people of Northern Ireland think. Westminster has already imposed one of the most radical abortion laws in Europe on us. That law would never have secured a majority in the Stormont Assembly and a large section of the public remains steadfastly opposed to its implementation. Instead of acknowledging this, Mr Lewis has effectively seized control over abortion policy by stripping locally elected Ministers of any say on the matter.
“Not only will Mr Lewis’s direction condemn to death an untold number of unborn babies, but it is also a gross abuse of political power. The Northern Ireland Office’s high-handed attitude may have already inflicted a fatal blow on the devolution settlement. We’re examining the ruling carefully to see if an appeal against this judgement is feasible,” said Mr Gibson,
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For further information or to arrange an interview, contact:
Liam Gibson
SPUC Policy and Legal Officer
Mob +44 (0) 79 8499 0688
Email:liamgibson@spuc.org.uk
or
Michael J Robinson (MCIPR)
SPUC Executive Director (Public Affairs & Legal Services)
Mob +44 (0) 75 3454 4867
Email:michaelrobinson@spuc.org.uk