Anti-abortion group to launch legal challenge to Northern Ireland legislation

Abortion legislation in the region was liberalised in 2019 following laws passed by Westminster at a time when the power-sharing government at Stormont had collapsed.

While individual health trusts have offered limited services on an ad-hoc basis, Northern Ireland's Department of Health never centrally commissioned the rollout of full services due to a political impasse at Stormont.

In May 2021 the Government intervened and laid regulations at Parliament that removed the need for the Department of Health to seek the approval of the wider executive to commission the services.

It also gave the Secretary of State the power to step in and commission the services himself if the devolved health minister failed to do so.

The Society for the Protection of Unborn Children (SPUC) Pro-life Limited challenged the regulations, however the bid was unsuccessful. SPUC is now appealing that decision.

In October the current Secretary of State Chris Heaton-Harris said he will ensure services are now commissioned in the region.

SPUC has urged Mr Heaton-Harris to respect the devolution settlement and abandon the course taken by his predecessor".

Liam Gibson, the society's policy and legal officer, said the appeal will be the "most significant legal actions brought against abortion legislation in UK history".

"We believe that when Brandon Lewis issued the 2021 Abortion Regulations giving himself the power to direct the actions of Stormont ministers to disregard the terms of the Ministerial Code and the devolution agreement he exceeded his legal authority," he said.

"Although the High Court did not agree with our case, we believe that both the health department and the Northern Ireland Office have recognised that the 2021 regulations and the Secretary of State's subsequent directions are, at the very least, highly questionable. We're confident that we can convince the Court of Appeal that we're right.”

The legal challenge is to be heard by the Court of Appeal today and tomorrow.