SPUC Pro - Life Limited Application for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ |
| Judgment Date | 22 May 2023 |
| Neutral Citation | [2023] NICA 35 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2023] NICA 35
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: KEE12094
ICOS No: 2021/40878/01
2021/57222/01
Delivered: 22/05/2023
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
KING’S BENCH DIVISION
___________
IN THE MATTER OF AN APPLICATION BY SPUC PRO-LIFE LIMITED
FOR JUDICIAL REVIEW
Appellant
and
THE SECRETARY OF STATE FOR NORTHERN IRELAND
and
THE NORTHERN IRELAND HUMAN RIGHTS COMMISSION
EQUALITY COMMISSION FOR NORTHERN IRELAND
and
ROSALEEN McELHENNY
Intervening
and
IN THE MATTER OF AN APPLICATION BY SPUC PRO-LIFE LIMITED
FOR JUDICIAL REVIEW
Appellant
and
THE SECRETARY OF STATE FOR NORTHERN IRELAND
MINISTER OF HEALTH FOR NORTHERN IRELAND
Respondents
___________
Mr John Larkin KC with Mr Alistair Fletcher (instructed by Hewitt & Gilpin, Solicitors)
for the Appellant
Mr Peter Coll KC with Mr Philip McAteer (instructed by Crown Solicitor’s Office) for the
Secretary of State
2
Mr Paul McLaughlin KC with Ms Emma McIlveen (instructed by the Departmental
Solicitor’s Office) for the Minister of Health
Mr Yaaser Vanderman for the Northern Ireland Human Rights Commission as intervenor
Professor Christopher McCrudden for the Equality Commission for Northern Ireland as
intervenor
___________
Before: Keegan LCJ, Treacy LJ and Humphreys J
___________
KEEGAN LCJ (delivering the judgment of the court)
Introduction
[1] The backdrop to this case is the Supreme Court decision in Re Northern Ireland
Human Rights Commission’s Application for Judicial Review [2018] UKSC 27. That case
determined that the restrictions on abortion in Northern Ireland which prevailed at
the time offended article 8 of the European Convention on Human Rights (the
“ECHR”). This outcome was validated subsequently by the High Court in this
jurisdiction in Re Ewart’s Application [2019] NIQB 88 as regards fatal fetal
abnormality.
[2] Thereafter, in 2019, in the absence of a Northern Ireland Assembly, the
Westminster Parliament legislated to allow for the legalisation of abortion in
Northern Ireland by means of the Northern Ireland (Executive Formation etc) Act
2019 (“the 2019 Act”). This law placed duties upon the Secretary of State in
Northern Ireland in relation to the provision of services for abortion.
[3] Following the 2019 Act the Northern Ireland Human Rights Commission
(“NIHRC”) successfully brought a judicial review challenge directed at the slow
pace of change by way of implementation of the new arrangements for abortion
services in Northern Ireland.
[4] We are concerned with the Regulations enacted pursuant to the 2019 Act
which purport to comply with the duty upon the Secretary of State found in the 2019
Act. The first set of Regulations which are not specifically under challenge in this
case are the Abortion (Northern Ireland) Regulations 2020 (“the 2020 Regulations”).
These Regulations effectively made abortion legal in Northern Ireland in specified
circumstances. There followed the Abortion (Northern Ireland) Regulations 2021
(“the 2021 Regulations”) which are under challenge. These Regulations and the
subsequent Abortion (Northern Ireland) Regulations 2022 (“the 2022 Regulations”)
deal with the implementation of the duty to implement abortion services.
Incidentally, we were told that the 2022 Regulations are subject to a separate
challenge in relation to the commission of services which has yet to be heard.
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JR295's Application (Leave stage)
...particular statutory provisions, the WA and the GFA were considered by the Court of Appeal in Re SPUC Pro Life Limited’s Application [2023] NICA 35. The court concluded that in order to establish a breach of article 2 of the WF, it is necessary to show: (i) A right (or equality of opportuni......