Abortion: Legal challenge begins over NI abortion law

Nov 8, 2022
By Jayne McCormack, BBC News NI political correspondent

A 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 (Spuc) argues it should be for Stormont politicians to decide on the issue.

In February, the High Court rejected its challenge, upholding steps taken by former NI Secretary Brandon Lewis.

Continued: https://www.bbc.com/news/uk-northern-ireland-63556861


N. Ireland – Abortion: Stormont has ‘no duty’ to follow Westminster order

By Jayne McCormack, BBC News NI political correspondent
Oct 4, 2021

Stormont departments have "no duty" to follow a government direction to set up abortion services in NI, the High Court in Belfast has heard.

The remarks were made by John Larkin QC during the start of a second legal challenge over abortion laws.

In July, political disagreement in the executive led the government to impose a deadline to establish services by next March.

Continued: https://www.bbc.com/news/uk-northern-ireland-58765851


N. Ireland – Papers lodged in legal challenge against abortion regulations

Published 24 May 2021

Pro-life campaigners have formally lodged proceedings in Belfast against regulations giving the Secretary of State for Northern Ireland powers to direct the commissioning of abortion services.

Belfast law firm Hewitt & Gilpin has been instructed by the Centre for Bioethical Reform Northern Ireland (CBRNI) and the Society for the Protection of Unborn Children (SPUC) to mount a challenge to the Abortion (Northern Ireland) Regulations 2021.

Continued: https://www.irishlegal.com/article/papers-lodged-in-legal-challenge-against-abortion-regulations


Stormont: Brandon Lewis exceeded powers in introducing abortion regulations

Stormont: Brandon Lewis exceeded powers in introducing abortion regulations
Legal adviser says it is doubtful legislation gives adequate protection to those opposed

April 26, 2020

The Northern Ireland Secretary Brandon Lewis exceeded his powers in introducing abortion regulations, Stormont’s chief legal adviser has said.

It is doubtful whether the legislation gives adequate European Convention on Human Rights-based protection to the rights of those opposed on religious or philosophical grounds, attorney general John Larkin QC added.

Continued: https://www.irishtimes.com/news/health/stormont-brandon-lewis-exceeded-powers-in-introducing-abortion-regulations-1.4238324


Abortions ‘can now be carried out’ in Northern Ireland

Abortions 'can now be carried out' in Northern Ireland

By Jayne McCormack, BBC News NI Political Reporter
9 April 2020

Medical professionals in NI can now "terminate pregnancies lawfully", the Department of Health has said.

Last month, abortion laws changed to permit terminations up to 12 weeks, but this had not been put into practice.

Some of NI's health trusts had been told by the department not to proceed with temporary plans.

Continued: https://www.bbc.com/news/uk-northern-ireland-52234712


NI health trusts ‘stopped from carrying out early abortions’

NI health trusts 'stopped from carrying out early abortions'

By Jayne McCormack, BBC News NI Political Reporter
9 April 2020

Some NI health trusts have been stopped from carrying out early abortion services, BBC News NI understands.

Last month, NI's abortion laws changed to permit terminations up to 12 weeks.

The Belfast and Northern Trusts agreed their own temporary plans until full services were in place, but were told not to move ahead, the BBC understands

Continued: https://www.bbc.com/news/uk-northern-ireland-52221872


N. Ireland – Abortion pills: Judgement reserved in judicial review

Abortion pills: Judgement reserved in judicial review

By Catherine Smyth, BBC News NI
7 November 2018

Judgment has been reserved in a judicial review brought by a woman being prosecuted for buying her then 15-year-old daughter abortion pills.

Lawyers for the mother and daughter, who have been granted anonymity, argued the PPS decision to bring criminal charges breaches their human rights.

The woman could face up to a five-year jail term if convicted.

Continued: https://www.bbc.com/news/uk-northern-ireland-46127488


NI abortion laws need radical reconsideration, court says as appeal dismissed

NI abortion laws need radical reconsideration, court says as appeal dismissed
Deputy Supreme Court president Lord Mance said the present law ‘clearly needs radical reconsideration’

June 7 2018

Northern Ireland’s strict abortion laws are incompatible with human rights legislation and need “radical reconsideration”, the UK’s highest court has urged.

A majority of a seven-strong panel of Supreme Court justices ruled the Northern Ireland Human Rights Commission (NIHRC) had no legal standing to bring its challenge against the abortion law.

But, by a majority, the judges also strongly expressed their opinion that the current laws are incompatible with article 8 of the European Convention on Human Rights (ECHR) – the right for respect for private and family life.

Continued: https://www.belfasttelegraph.co.uk/news/republic-of-ireland/ni-abortion-laws-need-radical-reconsideration-court-says-as-appeal-dismissed-36986268.html