NI: Bradley insists abortion law reform should be left to Northern Ireland Assembly

Karen Bradley
Karen Bradley

Northern Ireland Secretary Karen Bradley has said it would “not be appropriate” for Westminster to impose abortion law reform on Northern Ireland.

Speaking in the House of Commons last night, she claimed abortion “has been a devolved matter in Northern Ireland since it was created in 1921”.

The Northern Ireland Assembly has had the power to legalise abortion since the transfer of criminal justice powers to the devolved legislature in 2010, following the St Andrews Agreement in 2006.

An emergency debate was brought by a cross-party group of MPs led by Labour MP Stella Creasy last night on repealing sections 58 and 59 of the Offences Against the Person Act 1861, which defines abortion as a statutory crime in England, Wales and Northern Ireland.

Under the 1861 Act, abortions are illegal in Northern Ireland except under very limited exceptions specified in the Criminal Justice Act (NI) 1945 and case law (such as R v Bourne 1 KB 687).

In England and Wales, the Abortion Act 1967 merely creates exceptions to the 1861 Act which allow doctors to carry out legal abortions.

Ms Creasy suggested that repealing the provisions of the 1861 Act would fix an irregularity in England and Wales and put the onus on the Northern Ireland Assembly to write new abortion legislation.

It comes amid calls for Westminster to intervene in Northern Ireland over abortion in the absence of a functioning devolved government.

However, the UK government insisted the matter is “for the people of Northern Ireland”, and DUP MPs said it would leave a “massive hole” in Northern Ireland law and “no regulatory framework whatsoever”.

Ms Bradley said: “A free vote will be afforded if the matter of abortion comes before the ​House again, and the same applies in Northern Ireland. That is why this Government, like their predecessors, believe that the best forum in which to debate and resolve these and many other matters is the locally elected Northern Ireland Assembly.

“The Government’s priority therefore remains to urgently re-establish strong and inclusive devolved government at the earliest opportunity.”

She added: “As Secretary of State for Northern Ireland, I want to ensure that any future reform is handled with due care and consideration, with locally elected and locally accountable politicians having the opportunity to consider and debate the issues, and the people of Northern Ireland being able to contribute to the debate on the devolved issues that affect their lives.”

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