Northern Ireland: Judge orders reconsideration of abortion guidance

The Department of Health in Northern Ireland has failed in a legal bid to stop the complete withdrawal of government guidelines on abortion. 

Last month, the High Court ruled they did not properly cover counselling and conscientious objection issues. Lawyers for the department argued that the sections on these two issues should be the only ones to be reconsidered.

However, Lord Justice Girvan said on 14 December that the whole guidance as currently issued was misleading, BBC News Online reports.

Abortion is illegal in Northern Ireland, except in limited circumstances where the mother’s life or mental well-being are considered at risk.

The document, which for the first time provided guidance to health professionals in Northern Ireland on terminating pregnancy, was published in March after a series of legal battles.

The anti-abortion group, Society for the Protection of the Unborn Child (SPUC), had brought judicial review proceedings in an attempt to win a declaration that the decision to publish the advice was unlawful. In last month’s ruling, Lord Justice Girvan stopped short of quashing the document but said it should be withdrawn because some of its advice was misleading.

The judge said that, as the guidelines stand, people could offer counselling which could arguably be seen to be breaking the law.

In Monday’s hearing, a barrister for the Department of Health described as ‘draconian’ his order for the advice to be completely withdrawn. Nicolas Hanna QC expressed concerns that it may lead some to believe the entire document was up for reconsideration.

He added: ‘It’s important to recognise that a challenge has been brought to this guidance, most of which has failed. In particular, the fundamental challenge to the guidance on the law in Northern Ireland has failed.’

David Scoffield, the lawyer representing Spuc, argued there was ‘a good deal of cross-fertilisation’ between the sections criticised and other parts of the guidelines.

Backing his argument, Lord Justice Girvan said:

‘There were aspects of the counselling section and the conscientious objection section that the court considered did not represent the correct legal position. They were significant portions of the guidance and the effect of the errors that the court sought to identify in the judgement made the guidance as issued as a whole misleading and requiring reconsideration. I’m not persuaded that one should view the document as complete self-contained, separate issues.’

He added: ‘This guidance requires to be withdrawn for reconsideration because two important sections of it require reconsideration. I don’t propose to vary my order in that regard.’

Abortion guidance must be redrawn. BBC News Online, 14 December 2009

Also read:

Guidance on the Termination of Pregnancy: The Law and Clinical Practice in Northern Ireland. Deparment of Health, Social Services and Public Safety. March 2009.

BPAS comment on the Judicial Review of the guidance on abortion care produced by the DHSSPS in Northern Ireland. BPAS, 30 November 2009

Northern Ireland: SPUC challenges abortion guidelines. Abortion Review, 28 October 2009