Anti-abortion groups in North challenge review

A landmark legal action over abortion in Northern Ireland continues in the High Court in Belfast today when anti-abortion organisations…

A landmark legal action over abortion in Northern Ireland continues in the High Court in Belfast today when anti-abortion organisations will strenuously oppose any move to amend the current law.

The Family Planning Association has brought an application for judicial review in which it wants the Department of Health to publish guidelines on when terminations of pregnancy can be lawfully permitted.

Doctors in Northern Ireland can perform abortions - but only when there is a risk to the mental or physical health of the mother and the FPA insists it is not seeking to change the law in line with England where the 1967 Act more or less provides for abortion on demand.

But the association's application is being fought by three anti-abortion organisations and the Northern Catholic bishops who fear it would lead to the scope of abortion availability being widened. Lord Lester QC, for the association, said it was not about challenging or extending the abortion law in Northern Ireland but how the law currently stood and was being applied in practice.

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"The case is not about a clash of beliefs or moral values," he said.

"However, there is a clear lack of awareness about the scope of what is available.

"The department has failed to issue guidelines on the circumstances when abortion is available and the practicalities of what is available.

"As a result, some doctors err on the side of caution and adopt a restrictive approach. Guidelines would provide a measure of comfort to doctors afraid of prosecution."

Mr Nicholas Hanna QC, for the Department of Health, said that of the 8,000 women from the North who travelled to England for abortions between 1993-97, only four would have been legally entitled to have the operation in Northern Ireland. He said that among the medical profession there was a greater degree of objection to abortion in Northern Ireland than in England or Wales.

But it was a matter for medical ethics and not for the Department to become involved.

He said that given the present state of the law in Northern Ireland, where a doctor took a degree of risk every time an abortion was carried out, it was difficult to see what guidance the Department could give that would provide comfort to a doctor in such a situation.

Lawyers for the Catholic bishops and the three anti-abortion organisations - the Society for the Protection of Unborn Children, Care and Life and Precious Life will today present their arguments to Mr Justice Kerr who is expected to reserve judgment.