Abortion: UK government to compel Stormont to implement new laws

The UK government is to make an unprecedented move to give the Northern Ireland secretary new powers to compel Stormont to implement abortion laws.

Northern Ireland's abortion laws changed last March after Westminster acted during the absence of devolution.

But the commissioning of full services has been stalled due to differences within the five-party executive.

Stormont and Westminster are facing legal action from the Human Rights Commission over the delay.

This latest development, first reported by the Guardian, will see Northern Ireland Secretary Brandon Lewis lay new regulations in Parliament early next week.

The move will let him direct Northern Ireland's Department of Health to commission the services.

A Whitehall source said there was frustration and disappointment at the failure of the Northern Ireland Executive to act.

"It has not commissioned abortion services consistent with the regulations originally set out by the UK government nearly a year ago," the source said.

Northern Ireland Secretary Brandon Lewis will lay new regulations in Parliament early next week

They added Mr Lewis was clear that the devolution settlement should not be a barrier.

However, the move is likely to draw criticism from some of the Stormont parties.

Political reaction

Democratic Unionist Party (DUP) leader and First Minister Arlene Foster and one of the party's MPs Sir Jeffrey Donaldson met the Northern Ireland secretary on Thursday.

Speaking afterwards, Sir Jeffrey said the government's move would "raise serious questions about when and in what areas [it] can make interventions in a devolved administration".

He said the DUP would "vigorously oppose such steps" and warned that the government "should leave it with the devolved structures to make such decisions".

Late on Thursday night, Northern Ireland's Department of Health said Mr Swann's position was that the issue of abortion services was controversial and required the support of the whole executive.

"He does not believe that a ministerial decision to commission and fund abortion services would be defensible in court in the absence of executive approval," it added.

The timing of this move by Brandon Lewis is far from coincidental.

It's almost a year exactly since the UK government introduced the abortion laws that were supported by Westminster MPs but opposed by a number of Northern Ireland parties who accused No 10 of trampling over devolution.

The government remains bound by law to ensure the services are implemented and it's understood frustration was mounting behind the scenes at the slow pace within Stormont.

There is also an incoming legal challenge which may have focused minds in London.

This development will certainly turn up the political heat but it won't lead to imminent change as Mr Lewis will likely take the powers and wait to see how the executive reacts before deciding to go further.

Sinn Féin's Emma Sheerin called on the health minister to "fulfil his legal obligations and responsibilities" by commissioning abortion services.

Alliance Party MLA Paula Bradshaw said it was "bewildering" that legislation approved last year had not been put into effect.

"The requirement in law and in treaty is for women in Northern Ireland to have the same access to health services as in the rest of the UK," she said.

"There is no excuse for any minister, either though action or inaction, to stand in the way of that."

• Timeline: Abortion in Northern Ireland

The law changes meant abortion laws in Northern Ireland altered significantly last year, with terminations available in all circumstances of the first 12 weeks of pregnancy.

It is legal in other circumstances up to 24 weeks and beyond that for cases of non-fatal fetal disabilities and fatal fetal abnormalities.

A change to the law last year allows abortions in the first 12 weeks of a pregnancy

However, the Northern Ireland Human Rights Commission is challenging the UK government, the Stormont executive and the Department of Health for delaying the commissioning of services.

At present health trusts are carrying out interim services for early medical abortions up to 10 weeks, meaning women seeking a termination beyond that are required to travel to England.

The DUP, which opposed the changes to the abortion laws by Westminster, has proposed a piece of legislation at Stormont seeking to restrict abortions in cases of non-fatal disabilities.

It passed its second reading on Monday with the support of a number of parties.

Sinn Féin abstained on that vote but has separately called for the Department of Health to commission full abortion services as required under the regulations.

The Alliance Party, the SDLP and the Ulster Unionists view the issue as a matter of conscience for individual assembly members.