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Anti-abortionists win court bid Anti-abortionists win court bid
(about 1 hour later)
Anti-abortion campaigners have won a High Court challenge to clarify government guidelines on abortion in Northern Ireland. Anti-abortion campaigners have won a High Court bid to clarify government guidelines on abortion in Northern Ireland.
The Society for the Protection of the Unborn Child (Spuc) claimed guidance to health professionals was misleading and legally inaccurate. The Society for the Protection of the Unborn Child (Spuc) claimed guidance to health professionals was misleading.
The High Court ruled the Department of Health's guidelines be withdrawn. The court ruled the guidelines be withdrawn because they did not deal properly with the issues of counselling and conscientious objection.
The court found the guidelines failed to deal properly with counselling and conscientious objection. The Family Planning Association called the decision "disappointing".
The judge, Lord Justice Girvan, stopped short of quashing the document issued by the Department of Health in March. Abortion is illegal in NI, except in limited circumstances where the mother's life or mental well-being are considered at risk.
Spuc was seeking a declaration that the decision to publish the advice to health professionals was unlawful. Spuc sought a judicial review of the document, which was published by the Department of Health in March and was the first guide for health professionals in Northern Ireland on terminating pregnancy.
However, Lord Justice Girvan said: "An order directing that the guidance be withdrawn must be the appropriate relief in the circumstances where it has been found to be misleading." Spuc was seeking a declaration that the decision to publish the advice was unlawful.
The judge said that, as the guidelines stand, people could offer counselling which is arguably, unlawful.
He said the Department of Health should, in particular, consider what guidance should be given to deal with the situation where a pregnant woman wants to have an abortion but does not fulfil the criteria for an abortion to be carried out legally in Northern Ireland.
'Trap for unwary''Trap for unwary'
The judge said that the department must also examine the relationship between counselling and making clinical judgments. The judge, Lord Justice Girvan, stopped short of quashing the document.
However he said: "An order directing that the guidance be withdrawn must be the appropriate relief in the circumstances where it has been found to be misleading."
The judge said that, as the guidelines stand, people could offer counselling which is, arguably, unlawful.
He said the Department of Health should, in particular, consider what guidance should be given to deal with the situation where a pregnant woman wants to have an abortion but does not fulfil the criteria for an abortion to be carried out legally in Northern Ireland.
The judge said that the department must also examine the relationship between counselling and making clinical judgements.
He ordered that guidance on conscientious objection should be reconsidered.He ordered that guidance on conscientious objection should be reconsidered.
He said the current guidelines were open to misinterpretation, the language was "ambiguous" and left doctors and staff unclear as to what was expected of them.He said the current guidelines were open to misinterpretation, the language was "ambiguous" and left doctors and staff unclear as to what was expected of them.
The judge said the guidance needed to be absolutely clear otherwise it represented "a trap to the unwary".The judge said the guidance needed to be absolutely clear otherwise it represented "a trap to the unwary".
Clarity
The judge awarded costs to Spuc.The judge awarded costs to Spuc.
Abortion is illegal in NI, except in limited circumstances where the mother's life or mental well-being are considered at risk. Liam Gibson of Spuc Northern Ireland said the organisation was "very pleased" with the judge's decision.
Spuc sought a judicial review of the document, which was the first published guide for health professionals in Northern Ireland on terminating pregnancy. "We hope that the department will now take seriously many of the concerns which were largely disregarded when the guidelines were being drafted," Mr Gibson said.
The Royal College of Midwives has said the guidelines bring greater clarity to the legal position of staff who take part in terminations. "Any new guidance that the department brings forward needs to take fully into account the duty of care and the legal protection owed to the child before birth."
Director of the Family Planning Association, Audrey Simpson, said the ruling was a blow.
"We have health professionals once again having to operate in a vacuum, not knowing what to do when a woman presents with them who may be entitled to an abortion in Northern Ireland," she said.
"And, of course, who loses out most in that? The women."