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NI gay blood ban 'irrational', judge rules | NI gay blood ban 'irrational', judge rules |
(35 minutes later) | |
Stormont's health minister did not have the power to keep an "irrational" lifetime ban on gay men giving blood in Northern Ireland, a judge has ruled. | |
The High Court judge also found that Edwin Poots had breached the ministerial code by failing to take the issue before the Stormont Executive. | |
The Department of Health said Mr Poots would "read and consider" the verdict. | |
The complete ban, put in place during the 1980s, was lifted in England, Scotland and Wales in November 2011. | The complete ban, put in place during the 1980s, was lifted in England, Scotland and Wales in November 2011. |
It was replaced by new rules that allow blood from men whose last sexual contact with another man was more than a year ago. | It was replaced by new rules that allow blood from men whose last sexual contact with another man was more than a year ago. |
The 12-month deferral was left in place following a Government Advisory Committee report. | The 12-month deferral was left in place following a Government Advisory Committee report. |
Beyond religious belief | Beyond religious belief |
It identified a much shorter period during which infection with blood-borne viruses could not be detected. | It identified a much shorter period during which infection with blood-borne viruses could not be detected. |
Mr Poots maintained the ban in Northern Ireland on the basis of ensuring public safety. | Mr Poots maintained the ban in Northern Ireland on the basis of ensuring public safety. |
But a gay man granted anonymity due to his perceived vulnerability launched a judicial review challenge to Mr Poots' position on blood donation. | But a gay man granted anonymity due to his perceived vulnerability launched a judicial review challenge to Mr Poots' position on blood donation. |
The judge heard claims that the minister had displayed apparent bias that went beyond religious beliefs and into the realms of prejudice. | The judge heard claims that the minister had displayed apparent bias that went beyond religious beliefs and into the realms of prejudice. |
It was revealed in court that despite the unidentified applicant's sexual orientation, he has become a born-again Christian who now disapproves of homosexual practices. | It was revealed in court that despite the unidentified applicant's sexual orientation, he has become a born-again Christian who now disapproves of homosexual practices. |
Attorney General John Larkin QC, the chief legal adviser to the Stormont Executive, questioned the legitimacy of the challenge. | Attorney General John Larkin QC, the chief legal adviser to the Stormont Executive, questioned the legitimacy of the challenge. |
He claimed the challenge was a waste of time because the applicant had previously had sex for money. | He claimed the challenge was a waste of time because the applicant had previously had sex for money. |
Mr Larkin rejected arguments that the issue required full executive approval and questioned whether the minister had made a decision to maintain the current ban. | Mr Larkin rejected arguments that the issue required full executive approval and questioned whether the minister had made a decision to maintain the current ban. |
However, the judge said that in continuing the lifetime deferral policy the minister had deviated from the position taken in England, Scotland and Wales. | However, the judge said that in continuing the lifetime deferral policy the minister had deviated from the position taken in England, Scotland and Wales. |
'Defect in reason' | 'Defect in reason' |
He said the decision was made against the secretary of state's recommendation that the report from the advisory committee on the Safety of Blood, Tissues and Organs (SaBTO) should be followed. | He said the decision was made against the secretary of state's recommendation that the report from the advisory committee on the Safety of Blood, Tissues and Organs (SaBTO) should be followed. |
The judge held that the additional risk from deferring donation for 12 months, instead of permanently, was very minimal. | The judge held that the additional risk from deferring donation for 12 months, instead of permanently, was very minimal. |
He said: "The minister has decided that MSM (males who have sex with other males) behaviour creates such a high risk of infection to the donor that such donors must be permanently deferred with the result that such blood cannot enter the Northern Ireland blood stock. | He said: "The minister has decided that MSM (males who have sex with other males) behaviour creates such a high risk of infection to the donor that such donors must be permanently deferred with the result that such blood cannot enter the Northern Ireland blood stock. |
"Importing blood from other places which do accept MSM donors, even in limited quantities, leaves the door open for MSM blood to do just that. | "Importing blood from other places which do accept MSM donors, even in limited quantities, leaves the door open for MSM blood to do just that. |
"There is clearly a defect in reason here." | "There is clearly a defect in reason here." |
Applying different standards to imported blood defeats the whole purpose of a permanent deferral, he added. | Applying different standards to imported blood defeats the whole purpose of a permanent deferral, he added. |
Declaring the decision irrational, he said: "If there is a genuine concern about the safety of MSM-donated blood, such that the blood stock must be protected absolutely from such blood, then the security of that blood must actually be maintained absolutely." | |
Dealing with the alleged breach of the ministerial code, the judge said the lifetime ban was both controversial and cross-cutting, taking in equality issues. | Dealing with the alleged breach of the ministerial code, the judge said the lifetime ban was both controversial and cross-cutting, taking in equality issues. |
"As such the minister had no authority to act without bringing them to the attention of the Executive Committee which he failed to do. | "As such the minister had no authority to act without bringing them to the attention of the Executive Committee which he failed to do. |
"In doing so the minister breached the ministerial code and... had no legal authority to take a decision in breach of the ministerial code." | "In doing so the minister breached the ministerial code and... had no legal authority to take a decision in breach of the ministerial code." |