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Stormont to decide on whether gay men can give blood in Northern Ireland Stormont to decide on whether gay men can give blood in Northern Ireland
(35 minutes later)
The appeal court in Belfast has ruled that Stormont's Health Minister - not the UK Health Secretary - should decide whether gay men should be allowed to give blood in Northern Ireland. The Court of Appeal in Belfast has ruled that Stormont's Health Minister - not the UK Health Secretary - should decide whether gay men should be allowed to give blood in Northern Ireland.
Currently there is a lifetime ban on donating blood for gay men in Northern Ireland.Currently there is a lifetime ban on donating blood for gay men in Northern Ireland.
The court dismissed an earlier ruling that the previous Health Minister, Edwin Poots, had acted with irrationality and apparent bias in not adopting the same policy in place in other parts of the UK.
In England, Scotland and Wales, men are allowed to give blood if they have not had sex with another man for at least a year.In England, Scotland and Wales, men are allowed to give blood if they have not had sex with another man for at least a year.
This has been the case since 2011.
On Wednesday, a judge in Belfast dismissed an earlier ruling that the previous Health Minister, Edwin Poots, had acted with irrationality and apparent bias in not adopting the same policy as the rest of the UK.
In 2015, Stormont Health Minister Simon Hamilton said the ban should be lifted if a government advisory group says it is safe.
Mr Hamilton's position was at odds with his predecessors in office, Edwin Poots and Jim Wells, who said the ban should be kept in place on the basis of ensuring patient safety.
A ban came into force across the UK during the 1980s AIDS crisis, but was lifted in England, Scotland and Wales in November 2011 following recommendations from the Advisory Committee on the Safety of Blood, Tissues and Organs (SaBTO).
It was replaced by new rules allowing blood from men who have had no sexual contact with another man for at least 12 months, but Northern Ireland did not follow suit.
John O'Doherty, Director of The Rainbow Project, which promotes the rights of the LGBT community, welcomed Wednesday's judgement.
"The minister for health can no longer hide behind the assertion that a decision to maintain the unlawful lifetime ban was not taken," said Mr O'Doherty.
"It is now necessary for Minister Simon Hamilton to immediately amend the regulations for blood donations in Northern Ireland to ensure that this unlawful discrimination does not continue."