21/03/2002

Judicial review begins on NI abortion law

A judicial review of how Northern Ireland's abortion laws are applied has begun at the High Court.

The action, which is expected to run from March 21 to 22, is being taken by the Family Planning Association (FPA), which has said the existing laws on abortion in the province need clarification.

The charity wants the court to order the Department of Health to publish clear guidelines on how pregnancy terminations are provided under existing law.

Abortions in Northern Ireland are still strictly limited, and can only go ahead if it can be proved that the pregnancy would damage the physical or mental health of the woman.

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,” they have said.

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”.

The FPA has said the majority of women who decide to terminate a pregnancy are forced to travel to Britain.

It has estimated that about 40,000 women have travelled from Northern Ireland in the last 20 years for an abortion in Britain, paying up to £900 in private clinics.

Representatives from the association will have half a day to give their evidence to the court.

The court will allow another half day to hear evidence from the Department of Health. Four anti-abortion groups are also to give evidence.

They are a group of Catholic bishops, the Precious Life lobby group, the Society for the Protection for the Unborn Child and the Care and Life Alliance.

(AMcE)

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