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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 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. | 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. |
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. | 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. | 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. |
The court said there was no basis for the conclusion that the minister's decision in this case was predetermined by his Christian beliefs. | |
It ruled that there was ample evidence to indicate that Mr Poots reached his decision by evaluating the competing factors, before adopting the status quo. | |
In 2015, current 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. | 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). | 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. | 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. |
Disappointment | |
John O'Doherty, Director of The Rainbow Project, which promotes the rights of the LGBT community, expressed disappointment at Wednesday's judgement. | |
"It is disappointing that they failed to recognise that there is no reasonable, rational or medical reason to maintain this lifetime ban," said Mr O'Doherty. | |
"We would once again urge Minister Hamilton to accept the advice given by the experts in SABTO and adopt the one year deferral which exists in all other parts of the UK. | |
"This issue has been debated for over five years and tens of thousands of pounds of public funds have been spent on maintaining a lifetime ban. | |
"While the Minister may state that he has not yet made a decision, any right-thinking person would accept that five years is enough time to come to a decision." |