Arlene Foster says government should scrap liberalised abortion regime plan for NI – saying it is for MLAs to decide

Arlene Foster, in a letter to Northern Ireland secretary Brandon Lewis which she has shared with the press, argued that since the Assembly has now been restored at Stormont it should be up to MLAs to decide the future of abortion in the Province, rather than have a regime imposed by MPs in London.

Under Section 9 of the Northern Ireland (Executive Formation etc) Act 2019 passed last July, the government is required to introduce new abortion laws for Northern Ireland, to come into effect on March 31.

While welcomed by pro-choice campaigners, anti-abortion campaign group Precious Life has claimed that the regime envisaged for the Province will be “one of Europe’s most extreme and permissive”.

Abortions are allowed in England and Wales up to 24 weeks, although the government also stipulates that babies born prematurely at 22 weeks can survive outside the womb.

Reportedly, the law could permit abortion up to 24 weeks in Northern Ireland.

The act is the same piece of law that saw gay marriage legalised in Northern Ireland in January.

The act says: “Sections 58 and 59 of the Offences Against the Person Act 1861 (attempts to procure abortion) are repealed under the law of Northern Ireland...

“No investigation may be carried out, and no criminal proceedings may be brought or continued, in respect of an offence under those sections under the law of Northern Ireland (whenever committed).

“Regulations... must, in particular, make provision for the purposes of regulating abortions in Northern Ireland, including provision as to the circumstances in which an abortion may take place.

“The Secretary of State must carry out the duties imposed by this section expeditiously, recognising the importance of doing so for protecting the human rights of women in Northern Ireland.”

The letter from Arlene Foster to the NI secretary reads in full:

To the Rt Hon Brandon Lewis MP, Secretary of State for Northern Ireland, Northern Ireland Office

March 6, 2020

Dear Secretary of State,

You will be aware that Section 9 of the Northern Ireland (Executive Formation etc) Act 2019 required HM Government to introduce new abortion laws for Northern Ireland.

The fact that the Northern Ireland Assembly was not functioning last year was used to justify the highly unusual occurrence of Parliament legislating on a sensitive devolved matter.

HM Government has consistently maintained that it would not interfere with the Northern Ireland legal position, and that it was for a Northern Ireland Executive and locally elected public representatives to determine.

Now that the Assembly and Executive have been restored, I wish to reinforce that the Democratic Unionist Party, as the largest political party in Northern Ireland, along with other parties, believe the Assembly chamber is the appropriate place to deal with abortion in Northern Ireland.

It should be elected representatives from Northern Ireland, representing the electorate who voted for them, taking the decisions.

All main parties in Northern Ireland have opposed the provisions of the 1967 Abortion Act being introduced to Northern Ireland, and the proposals introduced by the Northern Ireland (Executive Formation etc) Act 2019 reach a long way beyond what the parties had ever advocated for Northern Ireland.

In 2017 prior to the Executive being collapsed, parties were collectively exploring how best to handle the heart-breaking cases of lethal foetal abnormality with work taking place across Government Departments.

The DUP opposes the Section 9 provisions and wishes to establish a legislative position that reflects the views of the people of Northern Ireland. This position is held strongly across all aspects of our Party including the Westminster Parliamentary team and our Stormont Assembly Group.

The Assembly chamber is the appropriate place to deal with abortion in Northern Ireland.

It should be elected representatives from Northern Ireland, on behalf of the electorate who voted for them, taking the decisions.

My colleagues and I are willing to engage at any time to find a satisfactory way forward on this important matter. I look forward to hearing from you.

Yours,

Arlene Foster