Women from Northern Ireland are not entitled to receive free abortions on the NHS in England, the Supreme Court has ruled.
Judges at the UK's highest court announced their decision to narrowly reject an appeal by a mother and daughter with a three to two majority. The three judges who dismissed the appeal argued for the need to "afford respect to the democratic decision of the people of Northern Ireland". The news comes as Theresa May holds talks with the Democratic Unionist Party (DUP) – which has long opposed abortion – about backing a minority government.
The 20-year-old woman at the centre of the appeal was 15 in October 2012 when she and her mother, both of whom cannot be named for legal reasons, travelled from Northern Ireland to Manchester. She was told she had to pay hundreds of pounds for a private termination because she was excluded from free abortion services.
More than 724 women travelled from Northern Ireland to England for abortions in 2016, according to the British Pregnancy Advisory Service (Bpas).
Announcing the Supreme Court's decision, Lord Wilson said the justices had been "sharply divided" about the outcome. The Court's deputy president Lady Hale and Lord Kerr said they would have allowed the latest appeal, because "the policy is incompatible with the Convention rights of women from Northern Ireland." "The difference in treatment by the NHS in England between women from England and women from Northern Ireland cannot be justified by respect for the democratic decisions made in Northern Ireland as to what will be provided by the NHS there," they wrote in the judgement.
However, Lord Wilson, Lord Reed and Lord Hughes said these views "command considerable respect", but dismissed the appeal because to allow the ruling would contribute to "both a substantial level of health tourism into England from within the UK and from abroad and a near collapse of the edifice of devolved health services".