This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/northern_ireland/8385404.stm
The article has changed 9 times. There is an RSS feed of changes available.
| Version 5 | Version 6 |
|---|---|
| Anti-abortionists win court bid | Anti-abortionists win court bid |
| (9 minutes later) | |
| Anti-abortion campaigners have won a High Court bid 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. | The Society for the Protection of the Unborn Child (Spuc) claimed guidance to health professionals was misleading. |
| The court ruled the guidelines be withdrawn because they did not deal properly with the issues of counselling and conscientious objection. | The court ruled the guidelines be withdrawn because they did not deal properly with the issues of counselling and conscientious objection. |
| The Family Planning Association called the decision "disappointing". | The Family Planning Association called the decision "disappointing". |
| Abortion is illegal in NI, except in limited circumstances where the mother's life or mental well-being are considered at risk. | Abortion is illegal in NI, except in limited circumstances where the mother's life or mental well-being are considered at risk. |
| 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. | 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. |
| Spuc was seeking a declaration that the decision to publish the advice was unlawful. | Spuc was seeking a declaration that the decision to publish the advice was unlawful. |
| 'Trap for unwary' | 'Trap for unwary' |
| The judge, Lord Justice Girvan, stopped short of quashing the document. | 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| However he said: "An order directing that the guidance be withdrawn must be the appropriate relief in the circumstances where it has been found to be misleading." | 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. | 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. | 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. | 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 | Clarity |
| The judge awarded costs to Spuc. | The judge awarded costs to Spuc. |
| Liam Gibson of Spuc Northern Ireland said the organisation was "very pleased" with the judge's decision. | Liam Gibson of Spuc Northern Ireland said the organisation was "very pleased" with the judge's decision. |
| "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. | "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. |
| "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." | "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. | 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. | "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." | "And, of course, who loses out most in that? The women." |
| The Department of Health is yet to comment. |