A legal request by the Family Planning Association for guidelines on the circumstances in which abortions can be carried out in Northern Ireland was yesterday turned down by a High Court judge.
Doctors can perform abortions if there is a risk to the mental or physical health of the mother. The FPA had asked for clarity on the issue in a judicial review which was heard in March 2002.
Mr Justice Kerr yesterday said the legal principles were "clear and easily absorbed". If it was difficult to decide whether a case fell within them, it was not due to lack of clarity. "Rather this reflects the fact that a value judgment of some subtlety and complexity may be required. That judgment must be made by the clinician who is responsible for the care of the woman ...," he ruled in a 30-page judgment.
But afterwards he added that while the Department of Health had no legal obligation to provide guidelines, it "will want to consider" whether it would be "a prudent step" to provide them.
Ms Audrey Simpson, director of the FPA, described this after the hearing as "a positive thing". She also welcomed the judge's statement that abortion is legal in Northern Ireland in certain circumstances. She added that she would have to consult her legal advisors before considering an appeal. The judicial review was opposed by three pro-life organisations and the Northern Catholic Bishops who feared it would lead to more abortions being available.
Protesters from SPUC (the Society for the Protection of Unborn Children), Care, Life and Precious Life, including a number of children wearing T-shirts with the "Precious Life" slogan, cheered outside the court when they heard the ruling. "We see this as a victory," said Ms Bernadette Smyth of Precious Life. "We are confident unborn children will continue to be protected here in Northern Ireland. We will increase our campaigns here to ensure they are protected."
The FPA had claimed there were inconsistencies in the provision of abortion which could lead to delays for some of the women intending to travel to England and Wales for terminations, and that many could not afford the journey. It said many GPs were unaware of where to refer a patient for an abortion, and referred to a survey which found that 11 per cent of doctors had treated women suffering the consequences of amateur abortions.
Mr Justice Kerr said that while Northern Ireland women did not have ready access to abortion, and that "it is not difficult to accept that this can lead to hardship but it does not follow that such hardship can be relieved by the provision of guidance".
The Department of Health and Social Services applied for the FPA to pay their costs for the case, but a lawyer for the FPA made a request for these to be waived as it is a non-profit- making organisation, and be- cause of the high level of public interest in the case. Mr Justice Kerr said he would reflect further on who would pay the costs.