Pro-life group Society for the Protection of Unborn Children (SPUC) in legal challenge over abortion in Northern Ireland

Counsel for Chris Heaton-Harris insisted there was a responsibility to implement a United Nations committee’s recommendations and make any necessary move to establish a system for terminations.

Peter Coll KC argued: “It gives him a wide discretion wrapped in a duty.”

A pro-life group is challenging the UK government’s right to commission a regime for abortions in the region.

The Society for the Protection of Unborn Children (SPUC) claims Westminster has unlawfully disenfranchised the people of Northern Ireland by stepping in.

In 2019 MPs passed legislation to decriminalise terminations at a time when the devolved administration at Stormont had 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.

Mr Heaton-Harris has also pledged his commitment to the move, writing to the Department of Health last month to formally commission an abortion regime.

But SPUC claims the issue should be decided on by MLAs at Stormont.

It is seeking to overturn a High Court ruling that the Secretary of State was entitled to impose a deadline on the Stormont Executive to introduce a centralised system for abortions.

He has gone beyond his limited legal powers by issuing the instructions, according to the campaign group.

Responding for the Secretary of State, Mr Coll maintained the legislation gave him discretion to make whatever changes to the law of Northern Ireland are necessary.

“It’s one of the most permissive provisions that could be envisaged,” the barrister said.

“The imperative placed on the Secretary of State by Parliament is telling: he must ensure the recommendations are implemented.”

Mr Coll added: “It’s almost a ‘just get it done’ approach… (Parliament) stands back and says to the Secretary of State ‘over to you, get it across the line, it’s your responsibility’.”

During submissions the three appeal judges pressed him repeatedly on whether abortions for pregnancies involving a severe foetal impairment (SFI) would prolong any stereotypes around disability.

Mr Coll told them a decision had been reached that terminations in those circumstances are to be allowed.

“The commissioning of services will have to take account of the need to ensure the ability to obtain an abortion in relation to an SFI does not perpetuate stereotypes,” he added.

As part of the case the Northern Ireland Human Rights Commission has been granted intervenor status due to its previous legal challenge against the Secretary of State, the Department of Health and the Executive for failing to fund and commission abortion services in the region.

Lawyers for the body claims this failure disproportionately interferes with the rights of women and girls denied access to lawful terminations.

If SPUC wins its appeal abortion provision may be further restricted, according to the Commission, leading to a continuing violation of those rights.