District court judge satisfied granting order would have been unlawful

THE 17-year-old girl at the centre of the latest abortion controversy was refused an order by a District Court judge at the weekend allowing her to travel to Britain for an abortion.

The news was outlined to a special sitting of the High Court yesterday.

Gerard Durkan SC, for the HSE, yesterday told the court the HSE had made an application during in camera proceedings at the district court for a direction under the Child Care Act on whether it would be lawful for Miss D to travel to Britain for a termination.

Mr Justice Liam McKechnie ruled that because the application did not touch on the care order, a summary of the arguments and the decision could be given to the High Court in public yesterday of the district court in camera proceedings.

Mr Durkan said the application was made last Saturday and the district judge heard submissions from all parties before giving his decision. The judge said he was satisfied granting an order allowing the girl to travel to Britain n this case would amount to a failure of the court to vindicate the rights of the unborn. He said he was satisfied granting such an order would be improper and unlawful.

Mr Durkan said the HSE felt it was not in the interests of Miss D to stop her travelling to Britain for a termination. In its submissions to the district court, the State said an order from that court was unnecessary. The girl’s travel would be lawful, the State said.

Later on Saturday, Mr Durkan said, the HSE considered the position and concluded the district judge was wrong in law in how he dealt with the matter and his conclusion Miss D’s travel would be unlawful. On Sunday the HSE went to the High Court and was granted leave to seek a judicial review of the district order.

Mr Durkan said it was the HSE’s view that a court order is required to authorise the girl to travel and the HSE has tried to get the order but been unsuccessful.

He asked that this part of the case be dealt with immediately and the girl’s right to travel be clarified.

Counsel for Miss D said they would be seeking the quashing of the district court order and a declaration secured that the girl has a right to travel.

Mr Justice McKechnie will deal with both judicial review proceedings and said he will give his decision after hearing both cases.