Northern abortion campaigners win judicial review
A High Court judge in Belfast today granted leave for a judicial review into the lack of abortion rights in Northern Ireland.
Mr Justice Kerr said that the application by the Family Planning Association had raised a valid argument.
Leading Human Rights QC Lord Lester, representing the Association, is trying to force the Department of Health at Stormont to introduce guidelines on terminations, ending ‘‘the unnecessary burden’’ faced by women in the North.
During the High Court hearing the Department of Health was accused of sitting on the fence over the issue of abortion rights.
For the first time in the North's history the Family Planning Association mounted a legal challenge to force the department to introduce the same termination rights as the rest of the UK.
Lord Lester is hearing that the health minister, Bairbre de Brun, must introduce guidance to ease the burden of women facing unwanted pregnancies.
At the moment around 1,500 women a year from Northern Ireland travel to England for abortions.
He said that Northern Ireland was in a unique situation in not having a detailed statutory regime relating to abortion.
‘‘It is a tradition where the law that regulates this area is 19th century criminal law, statute law and common law,’’ he said.
He said the Department must begin instructing medical staff to ensure that under European Human Rights legislation women had proper access to termination.
The judicial review application was not just about seeking clarification of the law, but to ensure that women in Northern Ireland received satisfactory service.
Lord Lester denied claims from anti-abortion groups that the Family Planning Association was seeking a change in the law.
‘‘We would not have the standing in these proceedings to seek a cohesive form of rules to require the Secretary of State in London to give the necessary order for the Northern Ireland Assembly to introduce amending legislation similar to the 1967 Abortion Act in England and Wales,’’ he added.
Mr Justice Kerr said that if Lord Lester was arguing that the law was uncertain then how could the Department issue administrative guidelines.
Lord Lester replied: ‘‘The Department can’t shelter behind legal uncertainty as a justification for taking no action.’’
