The court allowed Attorney General John Larkin’s appeal against an earlier Order declaring Northern Ireland’s abortion laws incompatible with the Human Rights Act in the circumstances where the foetus was diagnosed with a fatal foetal abnormality or where the pregnancy arises as a result of rape or incest.

The court quashed the declaration and concluded, by a majority view, that the issue is a matter for the Northern Ireland Assembly.

The Northern Ireland Human Rights Commission (NIHRC), which brought the legal challenge, is now considering whether to take the case to the UK Supreme Court.

Chief Commissioner Les Allamby said: “We took this case as we want to bring about a change in the law so that women and girls in Northern Ireland have the choice of accessing a termination of pregnancy locally in circumstances of serious malformation of the foetus, rape or incest, without being criminalised for doing so.

“We have heard many harrowing stories from vulnerable women and young girls who have been faced with very difficult situations and have also had to carry the fear of being criminalised alongside this. We want to ensure that the rights of vulnerable women and girls in these situations are always protected.

“The Commission is disappointed with the judgment but retains its view that the law as it stands does not protect women and girls right to be free from torture and inhuman and degrading treatment, their right to privacy or their right to freedom from discrimination.

“The Court indicated that if they receive an application for leave to appeal to the Supreme Court tomorrow they will be minded to grant such leave. This in my view is unprecedented and reflects recognition of how important the judges consider the issue to be. The Commission will now consider the Court’s invitation.”