Summary of Judgment - In re SPUC Pro-Life Ltd (Abortion)
| Jurisdiction | Northern Ireland |
| Neutral Citation | Summary of judgment - In re SPUC Pro-Life Ltd (Abortion) |
| Court | Court of Judicature (NI) |
| Date | 08 February 2022 |
Judicial Communications Office
1
8 February 2022
COURT DISMISSES CHALLENGE TO ABORTION REGULATIONS
Summary of judgment
Mr Justice Colton today dismissed a challenge brought by the Society for the Protection of the
Unborn Child to the Abortion (Northern Ireland) Regulations 2021 (“the 2021 Regulations”) and the
Abortion Services Directions 2021 (“the 2021 Directions”) made under those Regulations.
The grounds of challenge are set out at paragraphs [18] and [19] of the judgment. The applicant
submits the 2021 Regulations:
are ultra vires by reason of provisions under the Northern Ireland Act 1998 (paragraphs
[18](a) to (c)).
are ultra vires by reason of section 9(4) of Northern Ireland (Executive Formation etc) Act 2019
(paragraph [18](d)).
are ultra vires by reason of Article 2(1) of the Ireland/Northern Ireland Protocol of the EU
Withdrawal Agreement, EU Law and the United Nations Convention on the Rights of
Persons with Disabilities (paragraph [18](e)).
are procedurally unfair in relation to the consultation process (paragraph [18](f)).
The applicant submits the 2021 Directions are unlawful and invalid because:
the Regulations from which they stem are unlawful and invalid (paragraph [19](a));
they unlawfully interfere with section 28A(10) and/or paragraph 2.4 of the Ministerial
Code (paragraph [19](b) and (c));
they are procedurally unfair in relation to the consultation process (paragraph [19](d)
and (e)).
The court granted leave to the Northern Ireland Human Rights Commission, the Equality
Commission for Northern Ireland and Mrs R McElhinney (supported by Christian Action Research
and Education) to intervene in the proceedings.
The judgment sets out the statutory background at paragraphs [20] to [35] relating to:
the Northern Ireland (Executive Formation etc) Act 2019 (“the 2019 Act”);
the report by the United Nations Committee on the Elimination of Discrimination Against
Women (“The CEDAW report”);
The Abortion (Northern Ireland) Regulations 2020;
The Abortion (Northern Ireland) Regulations 2021;
The Abortion Services Directions 2021.
The court dismissed all grounds of challenge, setting out its considerations, analysis and conclusions
in detail (paragraphs [36] to [201]). In very brief summary:
The court rejected the argument that Regulation 2 of the 2021 Regulations is ultra vires for
failure to make any change in the law of Northern Ireland as required by section 9(4) of the
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