New court challenge on Northern Ireland abortion services

Counsel for a pro-life group argued that the direction issued by the secretary of state failed to adhere to safeguards identified in a key UN Committee report.

The claim was made as judges reserved their verdict in a legal challenge mounted by the Society for the Protection of Unborn Children (SPUC).

The campaign group is seeking to overturn a ruling that the UK government was entitled to impose a deadline on the Northern Ireland Executive to introduce a centralised system for abortions.

In 2019 MPs passed legislation to decriminalise terminations after the devolved administration at Stormont collapsed.

The liberalised regime 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 Northern Ireland (Executive Formation etc) Act 2019, former secretary of state Brandon Lewis 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 at Stormont, a direction was issued under the Abortion (Northern Ireland) Regulations 2021 for the Department of Health to set up full services.

Current Secretary of State Chris Heaton-Harris has also pledged his commitment to the move, writing to the Department of Health in December to formally commission an abortion regime.

SPUC claims Westminster has unlawfully disenfranchised the people of Northern Ireland by stepping in on an issue that should be decided on by MLAs at Stormont.

The secretary of state went beyond his limited legal powers by issuing the instructions, according to the group.

During submissions the three appeal judges raised questions about pregnancies involving a severe foetal impairment (SFI).

Under the CEDAW recommendations abortions are to be legalised for SFI cases “without perpetuating stereotypes towards persons with disabilities and ensuring appropriate and ongoing support, social and financial, for women who decide to carry such pregnancies to term”.

Counsel representing the secretary of state told the court a decision was reached that terminations in those circumstances are to be allowed, with services having to ensure appropriate safeguards.

But John Larkin KC, for SPUC, contended that it could send a message that the lives of disabled people are of lesser value.

He said: “Put simply, one doesn’t secure the protection. Indeed, one removes that protection if one perpetuates the stereotypes that have been discussed during the course of argument and exchanges.”

Following three days of legal submissions Lady Chief Justice Dame Siobhan Keegan confirmed a decision on the appeal will be given at a later date. She pledged: “We will consider all of the arguments and provide judgment as soon as we can.”