Abortion court ruling: Secretary of State has legal authority to introduce abortion services to Northern Ireland

Mr Justice Colton rejected a challenge by pro-life campaigners to Brandon Lewis’ powers to impose a deadline on Stormont for putting in place a centralised system.

The Society for the Protection of Unborn Children (SPUC) claimed only elected representatives in the region should be able to decide on the issue.

But the judge held that Mr Lewis was compelled to take the step after a United Nations body found the UK had breached the rights of women in Northern Ireland by limiting access to abortions.

He said: “Not only was the Secretary of State empowered to make regulations, but he was obliged to do so and remains obliged to do so where it appears to him further changes in the law of Northern Ireland are necessary or appropriate for complying with his duties.

“Only Parliament can change this.”

The ruling represents the latest stage in an ongoing battle over Northern Ireland’s abortion laws.

In 2019 MPs passed legislation to decriminalise terminations during an absence in devolution.

But a model to operate across Northern Ireland has yet to be put in place.

The court has already held in a separate case brought by the NI Human Rights Commission that the Secretary of State failed in his legal duty to “expeditiously” provide women with access to full services.

Under the liberalised laws, terminations are allowed in Northern Ireland in the first 12 weeks of pregnancy, and in limited circumstances up to 24 weeks.

The regime change brought in by Westminster followed a report by the UN Committee on the Elimination of Discrimination Against Women (CEDAW), which found their rights were being breached by limited access to services.

Under the terms of the 2019 Northern Ireland (Executive Formation etc) Act 2019, the Secretary of State had to implement the CEDAW recommendations in Northern Ireland.

Section 9 of the Act imposed specific duties on him about the provision of abortion and post-abortion services.

Amid the continuing impasse, Westminster issued a direction last July for the Department of Health to set up full abortion services by March this year.

SPUC contested the legality of the move made under the Abortion (Northern Ireland) Regulations 2021.

Based on constitutional arrangements enshrined in the Good Friday Agreement, the organisation claimed Stormont is not duty bound to comply with any edicts.

Counsel representing SPUC argued that Mr Lewis has no legal power to “boss people about”.

But a barrister for the Secretary of State countered that parliamentary supremacy provided the authority to issue the direction, with legislation passed by Westminster enabling him to “range across any aspect of the law” in Northern Ireland.

Backing those submissions, Mr Justice Colton ruled that section 9 of the 2019 Act gave “broad, expansive powers”.

He also rejected claims that the 2021 Regulations contravened the Northern Ireland Protocol, EU law and the United Nations Convention on the Rights of Persons with Disabilities.

The judge also pointed out: “Ultimately, as we approach two years after the law on this issue was changed, no provision for commissioning abortion services in Northern Ireland, in accordance with the regulations, has been implemented.

“As was said in the NI Human Rights Commission application, the court expects that in accordance with the rule of law the Minister of Health and the Executive Committee will carry out their legal obligations on this issue.”

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