FPA GRANTED JUDICIAL REVIEW ON NI ABORTION

A High Court judge in Belfast on Wednesday has granted leave for a judicial review into the lack of abortion rights in Northern Ireland.

The case was brought by the Family Planning Association Northern Ireland (fpa NI) who had asked for clarification on abortion law in relation to the rest of the UK.

Lord Justice Kerr said the application by the fpa NI had raised a valid argument. But he deferred a decision on whether or not to allow the Catholic Church or other parties to become involved in the case. He said that he would give them three weeks to file written submissions and said he would then rule on the question of them participating.

A full judicial review is likely to take place in the autumn.

The Director of fpa NI, Audrey Simpson, said a successful challenge would give women in Northern Ireland the same abortion rights as the rest of the UK.

She said: "We are asking the Courts to advise the Department of Health, Social Services and Public Safety (DHSSPS) that it is their duty to ensure that all women in Northern Ireland have equal access to reproductive health care services.

“This is a major step, as it is the first time that such a judicial review has been granted”.

Lord Lester, leading rights human rights QC, representing the association said that the health minister, Bairbre de Brun, must introduce guidance to ease the unnecessary burden of women facing unwanted pregnancies.

The fpa NI point out that even though the 1967 Abortion Act does not apply to Northern Ireland, the DHSSPS accept that under certain circumstances abortion is legal. However, this, say the fpa NI, has led to a “lack of clarity” surrounding the applicable circumstances resulting in “confusing and inconsistent medical practice”. Hitting out at this lack of information fpa NI said that the absence of official guidance meant “decision making power about who qualifies for an NHS abortion in Northern Ireland is left to the medical profession, who are also the victims of this confusion. Very little information is available to women themselves”.

The fpa NI claim that in the last 20 years, around 40,000 women had travelled to the UK paying up to £900 to seek termination of pregnancies.

Meanwhile, a Dutch registered ship offering offshore abortion facilities is due to arrive in Dublin on Thursday. The ship will not provide surgical procedures but will offer an abortion pill to women. It is run by a Dutch voluntary organisation called Women on Waves. (AMcE/SP)