A challenge to the government's legal authority to establish abortion services in Northern Ireland begins in the Court of Appeal
Northern Ireland's abortion laws changed in 2020 after Westminster acted during the absence of devolutionA challenge to the government's legal authority to establish abortion services in Northern Ireland is under way in the Court of Appeal.
The Society for the Protection of Unborn Children argues it should be for Stormont politicians to decide on the issue.rejected its challenge, upholding steps taken by former NI Secretary Brandon Lewis.Mr Justice Colton found that the secretary of state had carried out his legal obligations, after a United Nations body found the UK had breached the rights of women in Northern Ireland, by limiting access to abortions.
He said the secretary of state "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".Anti-abortion group Spuc took its initial challenge in 2021, after Mr Lewis, who was then secretary of state,took additional powers allowing the Northern Ireland Office to bypass the Department of Health in Northern Ireland and move to establish services.
Abortion is a devolved matter, but at that time devolution in Northern Ireland was suspended due to a political row. The legislation passed by Westminster also put the onus on the government to draw up a new framework for abortions to be carried out in Northern Ireland in a range of circumstances.The High Court has already held in a separate case brought by the NI Human Rights Commission
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