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Northern Ireland Judge says for now change to abortion law in the hands of Parliament

Dec 16, 2015

By Dave Andrusko

Belfast High Court

Belfast High Court

This is complicated, so bear with me.

Last month Mr. Justice Mark Horner largely agreed with The Northern Ireland Human Rights Commission that Northern Ireland’s abortion legislation breached Article 8 of the European Convention on Human Rights by not allowing for abortions in cases of fatal fetal anomaly, rape, and incest.

When he read his final conclusion today, Justice Horner had two options. First, he could essentially change the law himself (it’s called to “read down” current law to include these exceptions) or, second, make a “declaration of incompatibility,” meaning that the matter of introducing new legislation would be “for the Northern Ireland Assembly to decide,” as Lesley-Anne McKeown explained for The Mirror.

Horner told a packed hearing at Belfast High Court it would be “a step too far” for him to interpret sections 58 and 59 of the Offences Against the Person Act 1861 to allow for abortion in these three instances.

“Having given due consideration to all submissions and the arguments raised therein, I conclude that such a view is correct,” he said. “Accordingly, as indicated in my judgment, and for the reasons set out in that judgment and as a matter of last resort, I make a declaration of incompatibility.”

In a limited sense it is analogous to what happened in Canada last year when the Supreme Court of Canada overturned Canada’s law against assisted suicide and ordered Parliament to come up with a new law within a year. (The government has asked for an extension.)

The difference is that Northern Ireland’s Parliament evidently is not obliged to pass new legislation on abortion, although the debate could be rekindled next year.

Unlike other parts of the United Kingdom, the 1967 Abortion Act does not extend to Northern Ireland.

Justice Horner’s decision last month was a blistering denunciation of current law, delivered over the course of two hours.

According to McKeown

“In cases of fatal foetal abnormality (FFA), the judge concluded that the mother’s inability to access an abortion was a “gross interference with her personal autonomy” and where a sexual crime has occurred a disproportionate burden is placed on victims, the judge said.

Following today’s decision, Bernadette Smyth, the director of Precious Life, issued a statement which included the following

“Precious Life have launched its FIGHT BACK public awareness campaign to expose the horror of what a change in the law would mean for vulnerable defenceless unborn children in Northern Ireland. We will also be launching a lobby campaign at Stormont to ensure that our politicians continue to respect the wishes of the people of Northern Ireland who have made clear that abortion will never be in our name.

“Precious Life have been fighting this battle for eighteen years and we will continue our efforts to ensure that the rights of unborn children continue to be upheld in law, policy and practice in Northern Ireland.”

Categories: Abortion