Home
/
RELIGION & LIBERTY ONLINE
/
UK Northern Ireland abortion act oversteps legal boundaries: Expert
UK Northern Ireland abortion act oversteps legal boundaries: Expert
Aug 27, 2025 7:42 AM

The UK Parliament has taken a step to overturn legislation on two of the most sensitive issues in politics, in violation of an agreement that grants authority over those issues to a lower level of government. The move to legalize abortion and to allow marriage between members of the same sex in Northern Ireland will “drive a coach and horses through the devolution settlement,” according to one Northern Irish Member of Parliament.

On Tuesday, the House of Commons voted to legalize abortion in Northern Ireland, if a devolved government is not restored in Stormont by October 21. The abortion amendment passed 332-99, while the same-sex marriage vote was383-73. The MPs who voted against the amendment – including Jacob Rees-Mogg– may be found here.Prime Minister Theresa May abstained on both measures. The motion came the same day that an estimated 10,000 people marched in Dublin, in the Republic of Ireland, to support pro-life laws.

While abortion has been legalized in England by the 1967 Abortion Act, Northern Ireland has steadfastly rejected attempts to liberalize the 1861 Offences Against the Person Act. That law, which allows abortions only when the life or permanent health of the mother is at risk, has limited Northern Ireland to amere 12 abortions in 2017-2018.

“This is a deeply sad day as MPs vote to remove legal protection from the most vulnerable members of society,” said Peter Lynas, director of Evangelical Alliance Northern Ireland. “Equality must treat both mother and child fairly and choice must recognise both lives in a pregnancy.”

While the rest of the UK redefined marriage in 2014, the motion has failed in NI although parliament has heldfive voteson the matter.

The key legal issue is that both matters are supposed to be decided by the devolved governments in Scotland and Northern Ireland. Westminster overstepped its legally agreed parameters to impose its will on others, who have repeatedly rebuffed efforts to change their views.

Devolution reflects the principle of subsidiarity, or federalism in the U.S. context. “The purpose of devolution is to allow the different parts of the UK to make laws that are appropriate for that part of the country,” said DUP MP Sir Jeffrey Donaldson.

Roger Kiska analyzes the peril of this action in a new essay forReligion & Liberty Transatlantic. Kiska – who is a solicitor for England and Wales, a member of the Michigan State Bar, and legal counsel for the Christian Legal Centre in London – is uniquely positioned to describe the underlying legal issues, as well as the social strife these amendments are likely to engender.

Kiska writes:

The problem with this political opportunism is that es at an incredibly high price. Peace with Northern Ireland came slowly and violently. The Parliament of the United Kingdom would do well to recall the blood, violence and conflict that precipitated the Good Friday Agreement and the establishment of a devolved system of government in Northern Ireland. It would do well to pay attention to the growing strife there as well, amidst the backdrop of contentious Brexit negotiations which include the controversial backstop question. We need look no further then April of this year for evidence of growing discontent in the region, when journalist Lyra McKee became a casualty of dissident republican riots in Londonderry which have been labelled by security forces as an act of terrorism.

Devolved government, based on the theory of subsidiarity, has been a guarantor of peace and stability. It has assured all parties have a voice in their own government and helped bring peace among people of divergent national and religious backgrounds. This system ought not be discarded for political opportunism.

Read his full essay here.

This photo has been cropped. CC BY 2.0.)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Chirac waves the white flag
French President Jacques Chirac has given in to the student protests in his country, protests that called for the removal of the First Employment Contract. This is a controversial new law giving employers greater freedom in whom they fire amongst under-26 employees. The law, as I am sure you’ve seen, sparked students protests for weeks. Michael Miller in last Wednesday’s Acton News and Commentary addressed the deeper issue here: economic ignorance and moral apathy–I won’t repeat his analysis here. But...
‘Overwhelmed by orphans’
Where will they go? Churches and religious relief organizations are playing a much more active role in U.S. foreign policy. And that has been obvious in recent months in the recovery efforts for the South Asian tsunami and the Pakistan earthquakes. In March, the Pew Forum on Religion & Public Life invited Andrew Natsios, who recently left the U.S. Agency for International Development as chief administrator, to talk about his five-year term there. This is a must-read for anyone who...
Catholics on immigration
Jordan’s post below observes the divisions among evangelicals on the hot-button issue of immigration. Its divisiveness—cutting across the usual lines of conservative/liberal and Democrat/Republican—has made the immigration debate an unusual and therefore extraordinarily interesting one. The issue also divides Catholics. Los Angeles Cardinal Roger Mahony has been among the most promising national voices in favor of immigrant rights. But ments have not gone unchallenged among Catholics. Activist Jim Gilchrist denounced Mahony’s views. Kathryn-Jean Lopez at NRO questioned them more delicately....
The sweetness of the Law
menting briefly on Psalm 19, C. S. Lewis observes the description of God’s Law as “sweeter than honey” and “more precious than gold,” the kind of descriptions that occur again and again throughout the Psalter. Lewis writes, In so far as this idea of the Law’s beauty, sweetness, or pireciousness, arose from the contrast of the surrounding Paganisms, we may soon find occasion to recover it. Christians increasingly live on a spiritual island; new and rival ways of life surround...
Connecting France with good economics
It seems that it may be possible. An interesting article from yesterday’s International Herald Tribune: Danielle Scache tries to avoid using the term “capitalism” in her economics class because it has negative connotations in France. Instead, she teaches her high school students about the market economy, a slightly less controversial term she started using last year after a two-month internship at the dairy giant Danone. That was an experience that did away with more than one of her own prejudices,...
First Things imbroglio
A former editor at First Things, Damon Linker, has written a piece for The New Republic, which attacks, among others, his former boss, Fr. Richard John Neuhaus. Linker claims that Neuhaus is a “theocon,” who wants to merge religious authority and political power. Rick Garnett at Mirror of Justice has all the details, including links to blog discussions and his previous post, criticizing Linker’s argument. I’ve read First Things for years and, in my judgment, the truth lies with Linker’s...
Immigration is a symptom
Large numbers of migrant populations going out of a particular area or nation should be viewed in large part as a signal of something. There are reasons for people to pick up and move, and policy and governing bodies would do well to examine these reasons. When business close facilities and open elsewhere, it is usually because the destination location has a better economic and business-friendly environment. So the natural course of action when examining this phenomena is to ask...
Surprise! Evangelical politics isn’t univocal
“Letter on Immigration Deepens Split Among Evangelicals,” trumpets a story from the Washington Post. Ever since evangelicals received such credit in the election and reelection of George W. Bush, the ins and outs of evangelical politics has recieved a greater share of media attention. A great part of this attention has focused on so-called “splits” among evangelicals, as a way to highlight the newly recognized reality that all evangelicals aren’t card-carrying Republicans. So from issues like immigration to global warming,...
AIDS: not that bad?
Bryan Caplan at EconLog says that he has long wondered about the validity of the statistics of the spread of AIDS on the African continent: The whole story had a quasi-Soviet flavor to it. The main difference: Soviet growth statistics were too good to be true, while African AIDS statistics were too bad to be true. Reflecting on the incentives cemented my skepticism: Just as the Soviet Union had a strong incentive to exaggerate its growth numbers in order to...
French ‘security’ and economic reality
As student demonstrations in France mount, the government finds it increasingly difficult to dismantle restrictive labor laws that are directly tied to high unemployment rates. Michael Miller examines the political and cultural factors that are behind the French fear of economic risk taking. Read mentary here. ...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved