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Northern Ireland's Abortion Issue


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Credit: Brian Lawless/Reuters via CNS.


Northern Ireland forms part of the UK and is connected to the Republic of Ireland. It is governed locally by the devolved Stormont Assembly, with the Westminster Parliament retaining the power to legislate on excepted matters. Northern Ireland shares much with both countries, however, there is a noticeable difference when it comes to the issue of abortion. Abortion was prohibited until 2019, in contrast to the UK where it was legalized in 1967, and Ireland in 2018. Despite the legalization of abortion, services have not been widely commissioned across Northern Ireland due to several political issues.


The Decriminalization of Abortion


Abortion was legally decriminalized in Northern Ireland by the Northern Ireland (Executive Formation etc) Act 2019, which was passed by the Westminster Parliament in London.


To summarise, the law now permits abortions;

  1. Up to 12 weeks for any reason

  2. Up to 24 weeks where the continuation of pregnancy poses a risk to the mother

  3. Up to any time where there is a risk of serious injury/death to the mother or baby


Before the change in the law, there was much campaigning in Northern Ireland, both from pro-choice and pro-life groups. Both have held rallies in Belfast and demonstrations at the site of the Stormont Assembly, which attracted large numbers of supporters. There has also been much online campaigning, with petitions and information being shared across social media. Abortion remains a topical issue in Northern Ireland, despite the lack of any recent activity on the issue by the Assembly.


Following the decriminalization of abortion, there was the expectation that abortion services would be commissioned and funded across all health trusts in Northern Ireland. This task lies in the hands of the Minister of Health, currently Robin Swann of the Ulster Unionist Party (‘the UUP’). Swann has not taken action on the commissioning of such services for political reasons. He believes that to commission abortion services requires the approval of the Northern Ireland Executive, which is dominated by the two largest political parties; Sinn Fein and the Democratic Unionist Party (‘the DUP’). Swann has stated that ‘As the Executive has not agreed to this proposal, no further work has been taken forward by my department.’


Critics of the delay have pointed out that the Executive is unlikely to support the commissioning of abortion services due to the influence of the DUP. The DUP is a conservative, traditionally Christian party which has remained opposed to the decriminalization of abortion in Northern Ireland. This political stalemate has prompted the Westminster Parliament to return to the issue of abortion in Northern Ireland in 2021.


Abortion Services in 2021


Due to the lack of action regarding the commissioning and funding of abortion services in Northern Ireland, Parliament passed the Abortion (Northern Ireland) Regulations 2021, which came into force on 31st March 2021. Section 2 of the regulations state that;


‘If the Secretary of State considers that any action capable of being taken by a relevant person is required to implement [abortion services] the Secretary of State may direct that the action must be taken.’


This section gives the Secretary of State powers to direct the Northern Ireland Department of Health, including the Minister of Health, to take action based on the laws passed in 2019 to decriminalize abortion services in Northern Ireland.


By passing both the Northern Ireland (Executive Formation etc) Act 2019 and the Abortion (Northern Ireland) Regulations 2021, Parliament has prompted criticism from many sources as they have dealt with what some would see as a devolved matter. The DUP Westminster party leader, Sir Jeffery Donaldson, has stated that he intends to lead the party to oppose any attempts by Parliament to legislate abortion in Northern Ireland. This is a reflection of the party’s stance on abortion in the Stormont Assembly, highlighting that the DUP intends to remain opposed to abortion for the foreseeable future.


Whether the approval of the Abortion (Northern Ireland) Regulations 2021 prompts further action on the issue from the Stormont Assembly remains to be seen. The Northern Ireland Human Rights Commission has been granted leave to bring judicial review proceedings against the Secretary of State and Minister of Health for their failure to commission and fund services.



What you can do


  • Watch the BBC Drama ‘Three Families’ (available on iplayer) to gain a better understanding of the background to the issue in Northern Ireland

  • If you live in Northern Ireland, contact your MLAs or local Councillors and let them know where you stand on the issue and what you think is the best way forward for Northern Ireland

  • Keep up-to-date with the issue - one way to do so is to follow the Human Rights Commission’s case, which is due to be heard on 26 and 27 May 2021 at the Belfast High Court



References


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