The Northern Irish Assembly and the Abortion Issue, 1967-2017

Abstract

On 25 May 2018, the Republic of Ireland voted in a landslide referendum to repeal the 8th amendment of its Constitution which had, since 1983, put the “right to life of the unborn” on an equal status with the life of a pregnant woman, leading to a near-total ban on abortion, even in cases of rape, incest or fatal foetal abnormality. This historic result, in a country with one of the most restrictive abortion regimes in Europe, instantaneously led to calls for similar reform in Northern Ireland both from within and outside the Province as the region was now the only one in the British Isles where terminations were outlawed except in the most exceptional circumstances. Although these claims were finally heard when, on 22 October 2019, section 9 of the Northern Ireland (Executive Formation) Act provided for the decriminalisation of abortion in Northern Ireland, the British government’s argument until the very last minute was that 1) the issue was one that belonged to the devolved Northern Ireland Assembly whose prerogatives should not be undermined, 2) abortion was “pre-eminently a matter for the people of Northern Ireland” to decide. This position on the part of the central government has led us to examine in this paper the reasons for the Northern Irish exception as well as the mechanisms which have been at play in Stormont for the past fifty years and have prevented any liberalisation of the legislation.