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| Catholic midwives win appeal over abortion case | Catholic midwives win appeal over abortion case |
| (35 minutes later) | |
| Two Roman Catholic midwives have won a legal battle to avoid taking any part in abortion procedures. | Two Roman Catholic midwives have won a legal battle to avoid taking any part in abortion procedures. |
| Mary Doogan, 58, and Concepta Wood, 52, lost a previous case against NHS Greater Glasgow and Clyde (GGC). | Mary Doogan, 58, and Concepta Wood, 52, lost a previous case against NHS Greater Glasgow and Clyde (GGC). |
| The court ruled that their human rights had not been violated as they were not directly involved in terminations. | The court ruled that their human rights had not been violated as they were not directly involved in terminations. |
| Appeal judges have now ruled their right to conscientious objection means they can refuse to delegate, supervise or support staff involved in abortions. | Appeal judges have now ruled their right to conscientious objection means they can refuse to delegate, supervise or support staff involved in abortions. |
| Ms Doogan, from Garrowhill in Glasgow, and Mrs Wood, from Clarkston in East Renfrewshire, were employed as labour ward co-ordinators at the Southern General Hospital in Glasgow. | Ms Doogan, from Garrowhill in Glasgow, and Mrs Wood, from Clarkston in East Renfrewshire, were employed as labour ward co-ordinators at the Southern General Hospital in Glasgow. |
| Judicial review | Judicial review |
| The midwifery sisters have a right of conscientious objection, which is recognised in the 1967 Abortion Act. | |
| They challenged whether the health board, NHS GGC, was entitled to require them to delegate, supervise and support staff in the work. | |
| Following a judicial review in February last year at the Court of Session in Edinburgh, judge Lady Smith ruled against the women. | Following a judicial review in February last year at the Court of Session in Edinburgh, judge Lady Smith ruled against the women. |
| Lady Smith said: "Nothing they have to do as part of their duties terminates a woman's pregnancy. | Lady Smith said: "Nothing they have to do as part of their duties terminates a woman's pregnancy. |
| "They are sufficiently removed from direct involvement as, it seems to me, to afford appropriate respect for and accommodation of their beliefs." | "They are sufficiently removed from direct involvement as, it seems to me, to afford appropriate respect for and accommodation of their beliefs." |
| Following the judgement, the women launched an appeal. | Following the judgement, the women launched an appeal. |
| Their counsel Gerry Moynihan QC told the court that in so far as the women were part of a team, their right to conscientious objection extended to the whole of their duties, save for the provision that there was an obligation to participate in life-saving measures. | Their counsel Gerry Moynihan QC told the court that in so far as the women were part of a team, their right to conscientious objection extended to the whole of their duties, save for the provision that there was an obligation to participate in life-saving measures. |
| He said there was clear legal authority that the right to conscientious objection was intended to apply to the whole team whose involvement was necessary to achieve the procedure. | He said there was clear legal authority that the right to conscientious objection was intended to apply to the whole team whose involvement was necessary to achieve the procedure. |
| Mr Moynihan said that because the midwives let the administration know of their objection in advance, the health board could manage its staff as a whole to respect their right to conscientious objection. | Mr Moynihan said that because the midwives let the administration know of their objection in advance, the health board could manage its staff as a whole to respect their right to conscientious objection. |
| "The administrative convenience of the health board is irrelevant because the right is a balance between facilitating abortion while respecting the genuine conscientious objection of medical, nursing and ancillary staff," he said. | "The administrative convenience of the health board is irrelevant because the right is a balance between facilitating abortion while respecting the genuine conscientious objection of medical, nursing and ancillary staff," he said. |
| Mr Moynihan told the court that the woman said there were "work-around arrangements" to cover their objections prior to 2007. | |
| 'Dividing line' | 'Dividing line' |
| He argued that "the dividing line" over what was exempt ought to be an individual's conscience and not a bureaucrat saying that was not in the literal meaning of participation. | He argued that "the dividing line" over what was exempt ought to be an individual's conscience and not a bureaucrat saying that was not in the literal meaning of participation. |
| Brian Napier QC, for NHS GGC, told the appeal judges that having responsibility of a managerial, supervisory or support nature did not of itself trigger the right to conscientious objection. | Brian Napier QC, for NHS GGC, told the appeal judges that having responsibility of a managerial, supervisory or support nature did not of itself trigger the right to conscientious objection. |
| Lady Dorrian, sitting with Lord Mackay of Drumadoon and Lord McEwan, issued a ruling on Wednesday, backing the midwives. | Lady Dorrian, sitting with Lord Mackay of Drumadoon and Lord McEwan, issued a ruling on Wednesday, backing the midwives. |
| The ruling said: "In our view the right of conscientious objection extends not only to the actual medical or surgical termination but to the whole process of treatment given for that purpose." | The ruling said: "In our view the right of conscientious objection extends not only to the actual medical or surgical termination but to the whole process of treatment given for that purpose." |