SPUC: High Court abortion ruling ‘very serious consequences for family life and democracy in Northern Ireland’

Today the High Court turned down a legal challenge by the The Society for the Protection of Unborn Children (SPUC), which claimed only elected representatives in the Province should be able to decide on the issue.

Last year Westminster granted Brandon Lewis powers to direct any Stormont minister to carry out orders to develop, promote and protect abortion services in NI - and to deliver compulsory education to children on the issue.

Liam Gibson SPUC’s NI Political Officer said his organisation brought the challenge because elected representatives in NI will no longer be able to change the current law in any way that restricts abortion.

“It appears that Brandon Lewis can override any decision taken by the Assembly,” he said.

He said this power would also apply to other “equally radical recommendations” made in a report on NI by the United Nations Committee for the Elimination of Discrimination Against Women.

“The Minister of Education would have to implement whatever sex-education measures the Secretary of State considered to be in line with the CEDAW recommendations.

“He could also direct the Justice Minister to restrict fundamental rights such as freedom of expression and freedom of assembly if he believed that that was appropriate.

“This ruling could have very serious consequences for family life and the future of representative democracy in Northern Ireland. Naturally, we will have to consider carefully whether we will appeal.”

But pro-choice campaigner Goretti Horgan said there was “never going to be any other outcome” to this court case, “as anyone who knows the legislation around devolution was aware”.

“There is a detailed Memorandum of Understanding between Westminster and the three devolved administrations,” she said.

This states that the UK Government has “power to ensure that the devolved administrations take action to give effect to the UK’s international obligations” and can “order that a proposed action by a devolved administration should not be taken if it would be incompatible with any international obligation”.

A spokesman for the Presbyterian Church in Ireland said it has consistently warned of the “fundamental danger of Westminster politicians unilaterally overriding the devolved institutions on a range of issues”.

He added: “As a Church with a strong pro-life record, we have repeatedly put on record our total opposition to the imposition of the most liberal abortion laws in these islands.”

“While we note today’s High Court judgement, which indicates that the Secretary of State’s actions are legally permissible, it is important to stress that just because a Secretary of State has the legal authority to do something, it doesn’t mean that they should. In fact during the last period of suspension of the Northern Ireland Assembly from 2017 – 2020, Mr Lewis’ predecessors chose not to use their legal authority to either call for elections, or re-introduce direct rule, leaving the people of Northern Ireland without a functioning government for nearly three years.

“That said, we would reiterate that the abortion regime that the UK government seeks to introduce to Northern Ireland does not respect the deeply held views that individuals hold on this issue, nor is it sensitive to Northern Ireland’s circumstances.

“As a Church we recognise the great pain involved in the extremely difficult circumstances faced by women and their families experiencing a crisis pregnancy. Rather than seeking to take life, we should be focused on providing practical, emotional and spiritual support. This includes the provision of state-of-the-art pre-natal and peri-natal care, neonatal intensive care pathways and dedicated palliative care medical and midwifery professionals for those women and families who require such support.”

Pro-life group Precious Life said it will “name and shame candidates in the forthcoming Assembly Election who will not promise to protect unborn babies in Northern Ireland”.

Director Bernadette Smyth said, “We urge all MLAs, who claim to uphold the principles of devolution, to block any attempts by Westminster or the Secretary of State to force more abortion on Northern Ireland.

“Westminster not only ignored the right to life of our unborn babies, but also blatantly ignored democracy and devolution when it seized power to override the Stormont Assembly.”

She added: “We will not let the killing of 2394 babies be forgotten. Pro-abortion candidates must rejected at the ballot box.”

Amnesty International and Alliance for Choice were also invited to comment.