Northern Ireland

Stormont spends £180,000 contesting NI abortion law court challenge

Sarah Ewart at the Supreme Court in London last month for its ruling on a Northern Ireland abortion law challenge
Sarah Ewart at the Supreme Court in London last month for its ruling on a Northern Ireland abortion law challenge Sarah Ewart at the Supreme Court in London last month for its ruling on a Northern Ireland abortion law challenge

STORMONT has spent more than £180,000 contesting a high-profile human rights challenge of Northern Ireland's abortion laws.

A majority of Supreme Court judges last month said the existing law is incompatible with human rights legislation in cases of fatal foetal abnormality (FFA) as well as rape and incest.

However, the appeal was lost on a technicality as the court ruled the Northern Ireland Human Rights Commission (NIHRC) which brought the case did not have the required legal standing.

The judges said it should have been brought by a woman who became pregnant due to sexual crime or who experienced FFA – where medics believe the unborn will die in the womb or shortly after birth.

Abortion campaigners have vowed to pursue a further court challenge with the correct legal standing.

It is unclear if Stormont officials will continue to contest the issue.

The legal challenge was first brought by NIHRC in 2015 and ended up in the Supreme Court, the UK's highest court.

It was contested by both the Department of Justice (DOJ) and John Larkin QC, Attorney General for Northern Ireland – the Stormont executive's chief legal adviser.

DOJ spent £145,792.36 on the case to date, according to a Freedom of Information response.

This included £119,013.70 on counsel fees, £25,998.50 on the departmental solicitors' office, £771.66 on travel and accommodation, and a commissioner for oaths fee of £8.50.

A further £35,619.69 was spent by the attorney general's office.

Debate on the north's abortion laws has gathered pace following the Republic's referendum in May which saw voters decisively support repealing the eighth amendment to allow a liberalisation of abortion legislation.

In Northern Ireland, abortion is only permitted if the mother's life is at risk or there is a permanent or serious risk to her mental or physical health.

NICHR had argued that the current law subjects women to "inhuman and degrading" treatment, breaching the European Convention on Human Rights.

DOJ argued it had committed no unlawful act in its handling of the north's abortion laws, while the Attorney General contested that it was a matter of "democratic judgment" for the legislature.

NIHRC chief commissioner Les Allamby said: "The Supreme Court in London recognised that Northern Ireland's laws on termination of pregnancy do not meet human rights standards.

"In the absence of the Northern Ireland Executive and assembly, it falls to Westminster to resolve this issue."

Asked whether DOJ would contest any further legal challenge on the issue, a departmental spokeswoman said: "The department seeks legal advice to determine its position on any legal proceedings where it is named as a respondent.

"A decision on this position will be relayed in the first instance to the Court at the appropriate time."

The Attorney General's office confirmed its legal fees and expenses in respect of the High Court, Court of Appeal and Supreme Court stages of the proceedings amounted to £35,619.69.

A spokeswoman added: "The Attorney General gives careful consideration to each case in which a devolution issue within the meaning of schedule 10 to the Northern Ireland Act 1998 may arise.

"The Attorney General does not outline his position in advance of such careful consideration."