Brandon Lewis unveils his new powers over NI Executive in relation to abortion

Brandon Lewis has taken the step after a stand-off at the Executive has meant that full provision has not been rolled out across NI after MPs controversially relaxed NI’s restrictie laws on abortion while the assembly was suspended in 2019. Soon afterwards the assembly narrowly rejected the move in a non-binding vote.

Pro-choice groups have lobbied Mr Lewis to carry through the actions, stating that the the human rights of women in Northern Ireland were being denied by the lack of full abortion provision.

However unionist parties and the Presbyterian, Church of Ireland and Anglican churches have said the step seriously undermines devolution.

As reported by the News Letter, the regulations laid by Mr Lewis today will empower him to implement all recommendations from the UN CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women’s) recommendations on abortion provision in Northern Ireland.

The Abortion (Northern Ireland) Regulations 2021 laid today by Mr Lewis state: “If the Secretary of State considers that any action capable of being taken by a relevant person is required for the purpose of implementing the recommendations in paragraphs 85 and 86 of the CEDAW report, the Secretary of State may direct that the action must be taken.”

The regulations say that he lay a copy of any direction he intends to give before Parliament and publish it.

The regulations state that he may direct the First Minister, the deputy First Minister, a Northern Ireland Minister, a Northern Ireland department, the Regional Health and Social Care Board and the Regional Agency for Public Health and Social Well-being with regards to abortion provision.

The UK government does not intend to use the powers immediately but hopes the move will press the NI Executive into rolling out provision of its own volition.

Secretary of State Mr Lewis said today: “I have taken forward these regulations today because women and girls in Northern Ireland are still being the denied the right to access high-quality abortion and post-abortion care locally.

“The devolution settlement does not absolve us of our responsibility to uphold the rights of women and girls, particularly given the nature of the legal duties placed upon me in this context.

“My strong preference remains for the Northern Ireland Department of Health and the Northern Ireland Executive to take responsibility for commissioning these services and it is a matter of regret that they haven’t yet done so and I have had to take these steps to deliver on our shared moral and legal obligations.”

Faith groups have pointed out that CEDAW calls for a range of what they see as controversial measures in NI, giving Mr Lewis power to impose compulsory sex education in schools, publicity campaigns on abortion and steps to clamp down on protests by pro-life campaigners at facilities providing abortion related services.

Mark Lambe of the Centre for Bioethical Reform responded that Mr Lewis already had control over NI abortion laws through Section 9 of the Northern Ireland (Executive Formation) Act passed by MPs in 2019, “but Westminster’s move today is an astonishing move that effectively gives him absolute control over all Stormont departments on this issue”.

“It is clear today that abortion is no longer a devolved issue and that Westminster can, and will, not only imposed further liberalisation of our laws but also strike down any attempts to alter them in our own locally elected Assembly. On Friday CBR NI, SPUC, Precious Life and NI Voiceless called for all pro life MLAs to walk out of the Assembly an Executive and not return until control over our own laws has once again been reinstated.”

However Green Party leader Claire Bailey said Mr Lewis’ actions were fully justified on human rights grounds.

“The focus must remain with women still denied reproductive healthcare and forced to travel for abortion services,” she said. “The NI Executive is failing in its duty to provide free, safe and legal reproductive healthcare for women in Northern Ireland.

“The Executive still can and should commission services in line with the legal framework published in March of last year. Devolution should be not used as an excuse to deny, block or remove women’s rights.

“If NI Executive is incapable of delivering women’s rights, the UK Government is justified in acting in line with their human rights obligations.”

The move by Mr Lewis has been broadly supported by Sinn Fein, the SDLP and Alliance but opposed by the DUP, UUP and TUV.

The four largest church denominations have also come out against his actions - the Presbyterian, Methodist, Church of Ireland and Catholic churches.

DUP leader Arlene Foster has criticised the Government’s intervention on abortion provision in Northern Ireland

Secretary of State Brandon Lewis can direct any minister, department or body to promote abortion from next week - unionists and churches express ‘grave concern’ for devolution

See regulations in full hereand explanatory notes published here.

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