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NI abortion legal challenge due to resume in January

Oscar Wong/Getty Images Pregnancy testOscar Wong/Getty Images
Northern Ireland's abortion laws changed in 2020 after Westminster acted during the absence of devolution

A challenge to the government's legal authority to establish full abortion services in Northern Ireland has been put on hold until the new year.

The challenge began in the Court of Appeal on Tuesday, but was adjourned so government lawyers can deal with newly introduced arguments.

A new hearing date has been set for 23 January.

The Society for the Protection of Unborn Children (Spuc) argues it should be for Stormont to decide on the issue.

It is seeking to overturn a High Court ruling that former Secretary of State Brandon Lewis was entitled to direct Stormont's Department of Health to commission full abortion services.

In February, High Court judge 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".

He stated: "Only Parliament can change this."

Mr Lewis' successor, Chris Heaton-Harris, has said he remains committed to putting the services in place.

'Regrettable'

In the opening of his challenge on Tuesday, John Larkin KC questioned the basis for the government's actions in legislating for abortion during the absence of devolution.

During submissions a comparison was drawn between other provisions within the act in a bid to demonstrate constraints on the secretary of state.

Lady Chief Justice Dame Siobhan Keegan made the decision to adjourn proceedings after a barrister for the secretary of state requested additional time to assess this argument.

She said: "It is very regrettable that we do that, but we need to get this case fully and properly argued to allow us to decide on it."

In 2019 MPs passed legislation to decriminalise terminations during an absence in devolution.

But a model to operate across Northern Ireland has yet to be put in place.