Abortion in NI: Brandon Lewis 'not sticking head in sand'

Northern Ireland Secretary Brandon Lewis has set out new regulations on abortion services in NI

Brandon Lewis has been wrongly portrayed as "sticking his head in the sand" amid delays in implementing abortion laws in NI, a court has heard.

Counsel for the NI Secretary rejected any suggestion he does not care about women's rights to access terminations.

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

Mr Lewis is facing a legal challenge over the ongoing failure to establish fully commissioned services across NI.

The court was also told Mr Lewis intends to use new powers to compel Stormont to commission full abortion services if there is no movement by the summer.

His counsel, Peter Coll QC, said: "It is very strongly refuted that anything the secretary of state has done in this is delay for delay's sake."

'Clear plan and policy'

Proceedings by Northern Ireland's Human Rights Commission are also being brought against the NI Executive and the Department of Health.

According to the commission's case, a 15-month hold-up in providing a centralised model for abortions breaches the human rights of women and girls who either have to travel to England for a termination or take unregulated pills.

The situation involves a "lamentable and deeply troubling exercise in finger pointing and an abdication of legal responsibilities", it was claimed.

But Mr Coll argued that his client has adopted a clear plan and policy of trying to work with the devolved administration towards implementation.

He said Mr Lewis wants to achieve the same outcome as the commission.

The court heard he has taken a "nuanced" approach, based on a recognition of the political realities in Northern Ireland and the impact of the Covid pandemic.

The barrister accepted Mr Lewis is under a legal duty, but maintained that he should have latitude over when he discharges those responsibilities.

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

"To characterise it as the secretary of state sticking his head in the sand is to go too far," Mr Coll said.

"Particularly when it carries a clear connotation of an uncaring approach on the part of the secretary of state to the rights of women and girls in Northern Ireland."

Mr Coll said the Department of Health has taken preparatory steps and on that basis Mr Lewis is entitled to consider his options on the right time to intervene.

"The secretary of state remains committed to the point made that in the absence of concrete progress by late July he will act again under the new regulations," the counsel said.

During exchanges Mr Justice Colton said: "I'm not sure I share your optimism that the executive may change its views."

Mr Coll responded: "I have to accept there isn't a lot of evidence."

Later, a lawyer representing the department set out the need for full executive backing on an issue "as cross-cutting and controversial as abortion services".

Paul McLaughlin QC said Health Minister Robin Swann tried twice without success to obtain approval from his colleagues during the pandemic.

The case continues.