Northern Ireland Secretary exceeded powers with abortion regulations, says Attorney General

The Northern Ireland Secretary Brandon Lewis exceeded his powers in introducing abortion regulations, Stormont’s chief legal adviser has said.

It is doubtful whether the legislation gives adequate European Convention on Human Rights-based protection to the rights of those opposed on religious or philosophical grounds, attorney general John Larkin QC added.

He gave written evidence to a House of Lords committee which published its report last week.

Mr Larkin was also critical of disability provisions in the regulations which allow for abortions for disabilities including cleft lip, club foot and Down’s syndrome right up to birth.

Former Police Ombudsman Baroness Nuala O’Loan also told the Secondary Legislation Scrutiny Committee of peers the regulations contained “grave flaws”.

She wrote: “It is both deeply controversial in Northern Ireland because of its implications for people, doctors, nurses and midwives, and because it is my submission that the Secretary of State has acted beyond his competence and the regulations ‘imperfectly achieve the policy objective’.

“It was also preceded by a flawed consultation process.”

Baroness O’Loan added: “It is my further contention that regulation 12 discriminates against individuals on the grounds of their religious belief or political opinion.” Regulation 12 provides limited legal protection for medical practitioners who object to abortion.

The Committee’s Report also highlighted a number of concerns with the new regulations.