Appeal over abortion guidelines

Thousands of NI women go to Britain for abortions every year

An appeal has begun in the High Court in Belfast against a decision not to issue guidelines on the practice of abortion.

Last July, a judge rejected the Family Planning Association's call for the Department of Health to issue guidelines.

The association said women who were entitled to a termination in Northern Ireland have been denied it because of the lack of clarity about the laws on abortion.

Abortions in the province are still strictly limited, and are only allowed when the expectant mother's life is in danger or when there is a serious long-term threat to her mental or physical health.

Opening the FPA's case on Monday, Lord Lester QC contended that the Department of Health had a duty to minimise the inequality suffered by women under the terms of its own corporate strategic plan which aimed to "ensure the effective health and well-being" of the people of Northern Ireland.

He said access to health and social care services should be available to all.

"In adopting the blind eye approach, it is adopting a breach of the principles governing legislation," he said.

The barrister said doctors were uncertain of the exact nature of the guidelines to allow abortion, with many wrongly believing that it was illegal.

He said 95% of Northern Irish women who wanted terminations had to travel to Britain, and told the court that illegal abortions had been carried out in the province.

The High Court proceedings are due to last up to three days.

Protest

Pro-life group Precious Life has been campaigning against the Family Planning Association's appeal outside the High Court.

The group said the law on abortions in Northern Ireland was clear and there was no uncertainty within the health profession on the issue.

Speaking ahead of the court case, its president Bernie Smyth said: "The FPA are going to court again because they know they have no popular support, so instead they want to abuse the legal system to achieve their deadly objectives."

Last July, Mr Justice Kerr, who is now the Lord Chief Justice, said he believed the law as it stood was clear.

However, he invited the Department of Health to consider publishing guidelines, even though they were not legally required to do so.

Limited

Abortions in the province are still strictly limited.

The FPA said the majority of women who decide to terminate a pregnancy are forced to travel to Britain.

The association had stressed the court case was not about extending the 1967 Abortion Act to Northern Ireland.

This act legalised the medical practice in England and Wales, but it was never introduced in Northern Ireland.

About 40,000 women have travelled from Northern Ireland in the last 20 years for an abortion in Britain, paying about £1,000 to private clinics, according to the association.

In a previous court hearing in March 2002, lawyers for the Department of Health said that just four out of 8,000 Northern Ireland women who had abortions in Britain over a five-year period could legally have had the operation at home.