Abortion in NI: Delays to introducing full services 'deeply troubling', court hears

Abortion was decriminalised in Northern Ireland in 2019 after Westminster acted during the absence of devolution

Delays in implementing Northern Ireland's abortion laws have been a "deeply troubling exercise in finger-pointing", a court has heard.

Abortion became legal in 2020, following a vote by MPs during the collapse of devolution.

Stormont has since been under pressure to establish a permanent, central abortion service, but this has not happened yet.

It is being challenged in a judicial review at the High Court in Belfast.

The NI Human Rights Commission (NIHRC) is taking the case against the Northern Ireland Executive, the Department of Health and the Northern Ireland Secretary Brandon Lewis.

Representing the NIHRC, David Blundell QC said there had been an "abdication of legal responsibility" by all three parties.

He told Mr Justice Colton that the main factor in taking the case was the protection of women's human rights.

Mr Blundell said without a fully-funded and staffed model, Northern Ireland health trusts have only been able to operate a "skeleton service" for early medical abortions - up to 10 weeks of pregnancy.

Women seeking a termination beyond that gestation have still been required, in some circumstances, to travel to England during the coronavirus pandemic, the court was told.

The judicial review has been brought by the NI Human Rights Commission against Stormont and Westminster

"Much was known about the truly terrible impact on such women, but has not led to any service being provided," said Mr Blundell.

He also said the Northern Ireland secretary had a "clear statutory obligation" in law to ensure full abortion services were commissioned by Stormont "expeditiously", and that this had not happened.

In March, Mr Lewis took powers that would allow him to direct Stormont to set up services but he has not done so yet.

The government has said it wanted "concrete progress" from the executive by this summer.

Mr Blundell said the NIHRC is calling for the laws to be implemented fully by September, but that the Department of Health has suggested that it could take eight to 12 months to establish services.

"In practice, women in Northern Ireland do not have access to abortion services to which they're entitled by law - it's been 14 months without them," he added.

• Timeline: Abortion in Northern Ireland

The court was also told the Northern Ireland Executive had "totally failed to engage" with the Department of Health in relation to the commissioning of services.

Northern Ireland Health Minister Robin Swann has maintained that he cannot set it up without support from the Stormont Executive, as the matter is controversial and cross-cutting - the responsibility of more than one department.

The court heard that evidence from the department suggested the First Minister and DUP leader Arlene Foster, whose party opposes abortion, had "made clear" that proposals were not going to be passed by the executive.

Robin Swann maintains he cannot set up full abortion services without executive consent

Mr Blundell said the executive's position was a "driving factor" in contributing to the delays, along with financial challenges raised by the health minister with Westminster.

The case is scheduled to last for two days.

It is expected to hear from representatives for the secretary of state, as well as lawyers for the Department of Health and the Stormont Executive.

Reserved judgement is expected to be delivered in the next few months.

Telemedicine

Meanwhile, in a separate development, BBC News NI understands that a paper from Mr Swann on the commissioning of abortion services was blocked from executive discussion last week.

One short-term option suggested exploring if Irish health authorities could provide Northern Ireland women with early medical abortion access.

It is believed Mr Swann had proposed whether it would be possible for Northern Ireland to quickly commission a limited early medical abortion service.

That would allow women in the early stages of a pregnancy - up to 10 weeks - to take abortion pills at home following a consultation with a doctor.

The service, known as telemedicine, has been in place in other parts of the UK and the Republic of Ireland since the start of the coronavirus pandemic.

However, BBC News NI understands that Mr Swann's paper did not make it onto the executive's agenda to be considered by all ministers.

Any paper can be blocked from discussion, if it does not have support of both the DUP and Sinn Féin.

The DUP is staunchly opposed to abortion.

Sinn Féin has previously called for abortion services to be commissioned promptly.