24/09/2012

Judicial Review Granted For New NI Abortion Guidelines

The Family Planning Association (FPA) has been granted permission by the High Court to seek to challenge the Northern Irish government’s failure to provide full information on the issue of abortion.

Lawyers for the sexual health charity have argued that previous court orders had signalled that new guidance on the issue would be published.

In 2009, the Department of Health produced documentation which, for the first time ever in Northern Ireland, provided advice for health professionals on carrying out abortions.

Later in 2009, the High Court ruled that the published guidelines were insufficient and over-looked such issues as counselling and conscientious objection issues.

The presiding judge ordered that the guidelines should be removed and redrafted. Since that time, a new consultation process regarding those issues has been carried out.

According to BBC news, Barrister Tony McGleenan, representing FPA, said:

"It seems there was a completely revised guidance document produced in February 2011 that hasn't been shared with the applicant nor with the court."

According to the BBC, Attorney General John Larkin QC, who responded on behalf of the Department, reminded that this was a “difficult, fraught area” and that, as such, caution was to be advised.

Mr. Justice Treacy has ruled that FPA have put forward an arguable case, and granted leave for a judicial review.

A full hearing has been listed for January 2013.

(IT)

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