Abortion: Brandon Lewis to take powers over Stormont laws

The NI secretary will take new legislative powers on Tuesday that will enable him to compel Stormont to implement abortion laws.

It comes as 88 MPs expressed cross-party support for the move in a letter to Stormont ministers.

Brandon Lewis is expected to outline details of his plan in a written statement to MPs later.

It has been criticised by the DUP, who said it would have "serious consequences" for devolution.

Abortion was decriminalised in Northern Ireland in 2019, after Westminster acted while the power-sharing institutions at Stormont were suspended.

The executive was later restored, but the commissioning of abortion 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.

Last week, the British government confirmed it would take the significant step of giving Mr Lewis the powers to intervene and direct NI's Department of Health to put the services - approved by law - in place.

The regulations will provide Mr Lewis with the powers, but they will need to be debated in both houses of Parliament - within 28 sitting days - to remain in force.

For a UK government minister to go over the heads of MLAs at Stormont is highly significant.

Back when Westminster intervened in Northern Ireland's abortion situation in 2019, Stormont had collapsed and MPs could argue they were acting in the absence of a devolved government.

This time it is different. Brandon Lewis is being given new powers to direct the commissioning of abortion services while Northern Ireland already has its own serving health minister in charge.

To those who oppose the move, it sends a message that the UK government is prepared to undermine devolution if it does not agree with how an administration is functioning.

But the abortion issue is a highly charged one in Northern Ireland with unique circumstances. The DUP is an anti-abortion party able to block efforts to find consensus among the parties to progress the setting up of services.

During the continuing stand-off at Stormont, women are still having to travel to England for terminations, sometimes in the most traumatic of circumstances.

The letter from MPs backing the government's plan was drawn up by Labour MP Stella Creasy, who brought the initial amendment in 2019 that led to the changes to Northern Ireland's abortion laws.

It is addressed to Stormont's first and deputy first ministers, Arlene Foster and Michelle O'Neill, and Health Minister Robin Swann.

It states that it is "disappointing" the current laws have not been implemented, and that women and girls in Northern Ireland are entitled to have access to "safe, legal and local abortion services should they wish to access them".

"As parliamentarians from many different parties, we respect and value the devolution settlement of the United Kingdom, and are determined it must never be used to deny the human rights of any woman including those of women and girls in Northern Ireland," it adds.

"The secretary of state will therefore have our support for this action, and we urge you to commission abortion services urgently."

The 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.

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 Northern Ireland Human Rights Commission is challenging the UK government, the Northern Ireland Executive and NI's Department of Health for delaying the commissioning of all services.

The case is due to be heard by Belfast High Court at the end of May.

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 last week 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.

Health Minister Robin Swann has insisted that he, alone, cannot commission abortion services, according to legal advice the executive received from Stormont's Attorney General Brenda King.

On Monday, Mr Swann told the assembly that as it was deemed a "controversial" matter under the terms of Stormont's ministerial code, he had a duty to ensure any proposals to commission services had consensus of the whole executive.

The code states issues which are "significant or controversial" must be brought to the executive.

Sinn Féin Communities Minister Deirdre Hargey has said she also intends to raise the issue at Thursday's executive meeting.