De Brun challenged over abortion guidelines

Just four out of 8,000 Northern Ireland women who had abortions in Britain over a five-year period could legally have had the…

Just four out of 8,000 Northern Ireland women who had abortions in Britain over a five-year period could legally have had the operation at home, a court heard today.

The figure was disclosed today by lawyers for Northern Executive health minister, Ms Bairbre de Brun, as a judicial review of termination rights in the North was launched in Belfast.

The Family Planning Association (FPA), which brought the case to the High Court, is challenging the Sinn Fein minister's officials to issue guidelines on the circumstances when an abortion is allowed in Northern Ireland.

The operation is only permitted at present if the mother's life is in danger or if there is serious risk to her physical or mental health.

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But Mr Nicholas Hanna QC, for the Department of Health, told the court that between 1993 and 1997 8,000 women from North travelled to England and Wales to have a pregnancy terminated.

All but four of these were on grounds where abortion was illegal at home, he pointed out.

The FPA has insisted its legal action is not aimed at having the 1967 Abortion Act extended to Northern Ireland.

The hearing, which is scheduled to last for two days, is simply about clarifying current legislation.

Lord Lester QC, for the applicants, told Mr Justice Kerr the lack of guidance had left some GPs so fearful of prosecution that they had been overly cautious.

"Guidelines would provide a measure of comfort to doctors afraid of prosecution," he said.

But Mr Hanna argued that such a move would have little impact.

Five anti-abortion groups, including Precious Life and the Catholic Bishops, have expressed opposition to the judicial review and will also give evidence.