Professor McGuinness’ previous research in this area argue that focusing on abortion solely as an issue of ‘moral’ concern obscures understanding it as a fundamental part of reproductive healthcare and a human rights entitlement. She also argued for the importance of abortion care being integrated in healthcare systems and supported by the medical establishment.

Dr Rooney’s research highlighted that under the Northern Ireland Act 1998, which implemented devolution in Northern Ireland, Northern Irish legislation must comply with human rights. Her work also emphasised that the domestic legal framework does not prevent Westminster from legislating for the devolved nations to ensure compliance with international human rights obligations. 

During 2019, Professor McGuinness and Dr Rooney combined to provide expert advice to MPs on abortion law in Northern Ireland and its human rights implications. This included providing written evidence to the pre-legislative committee on the Domestic Abuse Bill in April 2019, where they set out key arguments for reform. Their evidence made the case that it was constitutionally legitimate for the Secretary of State for Northern Ireland to change the law on abortion because it was incompatible with international human rights law.

Professor McGuinness and Dr Rooney also advised on what appropriate regulation of abortion should include. In October 2019, Professor McGuinness provided oral and written evidence on the cross-jurisdictional implications of abortion policy to the British-Irish Parliamentary Assembly. She also provided expert advice on law and good clinical practice to Karin Smyth, Shadow Minister for Northern Ireland during debates on the abortion regulations.

Most crucially, Professor McGuinness and Dr Rooney provided detailed advice to Stella Creasy MP, who in July 2019 tabled a successful amendment that became Section 9 of the Northern Ireland (Executive Formation etc) Act 2019. Creasy called on Rooney’s expertise, even on the day of the parliamentary vote on the amendment, to provide legal arguments demonstrating that human rights were not a devolved issue and should remain with Westminster. McGuinness and Rooney advised both on the amendment’s wording and the content of briefings used to raise support for it.

When the amendment was passed it decriminalised abortion in Northern Ireland and required the Secretary of State for Northern Ireland to make provision for abortion services. The Act came into force immediately . The Abortion (Northern Ireland) Regulations 2020 subsequently came into force on 31st March 2020 and services were established soon after – removing the threat of prosecution for healthcare providers and helping women to access abortions without having to travel abroad or look outside the healthcare system.