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| Legal challenge over NI abortion guidelines | Legal challenge over NI abortion guidelines |
| (about 5 hours later) | |
| By Branwen Jeffreys Health correspondent, BBC News | By Branwen Jeffreys Health correspondent, BBC News |
| The High Court in Belfast is being asked to order the Department of Health in Northern Ireland to publish abortion guidelines. | The High Court in Belfast is being asked to order the Department of Health in Northern Ireland to publish abortion guidelines. |
| Unlike the rest of the UK abortion is only allowed in very restricted circumstances in Northern Ireland. | Unlike the rest of the UK abortion is only allowed in very restricted circumstances in Northern Ireland. |
| Guidelines for doctors were published in 2009, but withdrawn after a legal challenge. | Guidelines for doctors were published in 2009, but withdrawn after a legal challenge. |
| The Department of Health said it would only issue guidance that was compatible with the law . | |
| The judicial review in the High Court has been sought by the Family Planning Association (FPA) which has been campaigning for more than a decade for guidelines to be issued on the law on abortion. | The judicial review in the High Court has been sought by the Family Planning Association (FPA) which has been campaigning for more than a decade for guidelines to be issued on the law on abortion. |
| After previous legal action by the charity, the Department of Health in Stormont issued a 20-page document in 2009 containing guidance for health professionals on the termination of pregnancy in Northern Ireland. | After previous legal action by the charity, the Department of Health in Stormont issued a 20-page document in 2009 containing guidance for health professionals on the termination of pregnancy in Northern Ireland. |
| It was withdrawn the following year after a successful legal challenge by anti-abortion campaigners led to a ruling that sections on counselling and conscientious objection should be rewritten. | It was withdrawn the following year after a successful legal challenge by anti-abortion campaigners led to a ruling that sections on counselling and conscientious objection should be rewritten. |
| At the High Court on Wednesday, the FPA is expected to argue the Department of Health is failing in its legal obligations by not issuing revised guidance. | At the High Court on Wednesday, the FPA is expected to argue the Department of Health is failing in its legal obligations by not issuing revised guidance. |
| The chief executive of the FPA, Audrey Simpson, said the judicial review was an attempt to get clarity. | The chief executive of the FPA, Audrey Simpson, said the judicial review was an attempt to get clarity. |
| "It's crucial for the medical profession which will know for once and for all who they can provide an abortion for and who they can't. And the women will know what rights they have in accessing a termination of pregnancy in Northern Ireland." | "It's crucial for the medical profession which will know for once and for all who they can provide an abortion for and who they can't. And the women will know what rights they have in accessing a termination of pregnancy in Northern Ireland." |
| The Department of Health has said it is committed to preparing advice, but that will not be issued until the Health Minister Edwin Poots is happy it is "fit for purpose". | The Department of Health has said it is committed to preparing advice, but that will not be issued until the Health Minister Edwin Poots is happy it is "fit for purpose". |
| Sensitive issue | Sensitive issue |
| Abortion remains a sensitive issue everywhere, but is significantly more controversial in Northern Ireland. The opening of a Marie Stopes clinic in Belfast last year led to demonstrations and scrutiny by a committee in the Northern Ireland Assembly. | Abortion remains a sensitive issue everywhere, but is significantly more controversial in Northern Ireland. The opening of a Marie Stopes clinic in Belfast last year led to demonstrations and scrutiny by a committee in the Northern Ireland Assembly. |
| For that reason it is quite possible that any guidance could face further legal challenges. | For that reason it is quite possible that any guidance could face further legal challenges. |
| The Society for the Protection of the Unborn Child (Spuc) said in a statement: "By taking this legal action the FPA has demonstrated a growing frustration at its own lack of success in winning support for its agenda. Despite its efforts abortion in Northern Ireland remains a criminal offence. | The Society for the Protection of the Unborn Child (Spuc) said in a statement: "By taking this legal action the FPA has demonstrated a growing frustration at its own lack of success in winning support for its agenda. Despite its efforts abortion in Northern Ireland remains a criminal offence. |
| "In trying to force the Department of Health to publish guidelines the FPA is actually attempting to medicalise the issue of abortion. The law, however, is perfectly clear and requires no guidance. | "In trying to force the Department of Health to publish guidelines the FPA is actually attempting to medicalise the issue of abortion. The law, however, is perfectly clear and requires no guidance. |
| "Besides, any guidance which accurately reflected the law would not be acceptable to the FPA because it refuses to recognise the limitations within the current law. " | "Besides, any guidance which accurately reflected the law would not be acceptable to the FPA because it refuses to recognise the limitations within the current law. " |
| The Royal College of Obstetricians and Gynaecologists said its members were working from the earlier draft guidelines, described by government officials as having "no status". | The Royal College of Obstetricians and Gynaecologists said its members were working from the earlier draft guidelines, described by government officials as having "no status". |
| The college said it hoped the judicial review "will lead to more clarity for professionals and better care for women residing in this part of the United Kingdom". | The college said it hoped the judicial review "will lead to more clarity for professionals and better care for women residing in this part of the United Kingdom". |
| Republic of Ireland | Republic of Ireland |
| There are some parallels between the legal battle in Northern Ireland and the debate in the Republic of Ireland, where abortion is even more restricted and is only permitted if there is a "real and substantial" risk to the woman's life. | There are some parallels between the legal battle in Northern Ireland and the debate in the Republic of Ireland, where abortion is even more restricted and is only permitted if there is a "real and substantial" risk to the woman's life. |
| The European Court of Human Rights said in a 2010 judgement that there were no clear criteria in Ireland to apply to the case of any individual woman. Like the UK, Ireland is signed up to the European Convention on Human Rights. | The European Court of Human Rights said in a 2010 judgement that there were no clear criteria in Ireland to apply to the case of any individual woman. Like the UK, Ireland is signed up to the European Convention on Human Rights. |
| The death of Savita Halappanavar in a hospital in Galway in October last year hit the headlines around the world and reignited the debate. Her family said she asked for a termination when she began miscarrying but was refused, a decision they argued led to her death several days later. | The death of Savita Halappanavar in a hospital in Galway in October last year hit the headlines around the world and reignited the debate. Her family said she asked for a termination when she began miscarrying but was refused, a decision they argued led to her death several days later. |
| An inquest into the death of the 31-year-old dentist is due to be held in April. | An inquest into the death of the 31-year-old dentist is due to be held in April. |
| After taking advice from an expert panel the Irish government has said it is drafting legislation to address the European ruling and expects to be in a position to publish that in the next few months. | After taking advice from an expert panel the Irish government has said it is drafting legislation to address the European ruling and expects to be in a position to publish that in the next few months. |