REFERENCE by the Attorney General for Northern Ireland - Abortion Services Bill [2022]

Описание: UKSC 2022/0077

Section 11(1) of the Northern Ireland Act 1998 (“the 1998 Act”) permits the Attorney General for Northern Ireland to make a reference asking the Supreme Court to determine whether a provision of a Bill would be within the Northern Ireland Assembly’s legislative competence.

This reference concerns the Abortion Services (Safe Access Zones) (Northern Ireland) Bill. The Bill makes provision for the establishment of safe access zones around abortion clinics and other premises which provide sexual and reproductive health services, in order to protect the people who use and work in those premises. Clause 5 of the Bill criminalises certain behaviour in a safe access zone. Under clause 5(2)(a), it is an offence to do anything, intentionally or recklessly, in a safe access zone which has the effect of influencing a person attending an abortion clinic or other protected premises for protected purposes. There is no defence for those who act with reasonable excuse.

Section 6(2)(c) of the 1998 Act states that a provision of a Bill is outside the competence of the Northern Ireland Assembly if it is incompatible with the rights protected by the European Convention on Human Rights. These include the rights to freedom of thought, conscience and religion, freedom of expression and freedom of assembly and association guaranteed by Articles 9, 10 and 11 of the Convention. The Supreme Court is asked to decide whether clause 5(2)(a) of the Bill is outside the Northern Ireland Assembly’s legislative competence because it disproportionately interferes with these rights.

The Supreme Court unanimously holds that clause 5(2)(a) of the Bill is compatible with the Convention rights of those who seek to express their opposition to the provision of abortion treatment services in Northern Ireland. Accordingly, clause 5(2)(a) is within the legislative competence of the Assembly. Lord Reed gives the judgment, with which all the other members of the Court agree.

More information is available on our website: UKSC 2022/0077