Abortion challenge ‘wants British law in Northern Ireland’

A legal challenge to abortion regulations in Northern Ireland is really a ‘‘radical’’ bid to have British law on termination rights extended to the province, a court heard today.

The Family Planning Association (FPA) is seeking to force Stormont Health Minister Bairbre de Brun to issue guidelines on circumstances when the operation is allowed.

Judgment was reserved following a two-day judicial review in Belfast’s High Court during which both sides poured over the huge sensitivities surrounding the issue.

At present abortion is only permitted in Northern Ireland if the mother’s life is in danger or if there is serious risk to her physical or mental health.

The FPA insists it launched the action simply to clarify current legislation.

But four pro-life groups and the Catholic Bishops in Northern Ireland today urged Mr Justice Kerr to block the move.

Noelle McGrenera QC, for Precious Life insisted much more was at stake than simply clarifying current legislation.

She said: ‘‘We would respectively submit that in fact that’s not what this is about.

‘‘There’s a more radical agenda.’’

Ms McGrenera referred to an FPA conference last November where the ‘‘ethos’’ was about extending the 1967 Abortion Act to Northern Ireland.

Referring to the association’s call for clearer guidelines, she added: ‘‘The applicants have a wider agenda than is respectively put forward.’’

The Catholic Church also mounted a staunch defence of current arrangements.

Bernard McCloskey QC, for the northern bishops, said his clients had a ‘‘profound interest’’ in the case.

‘‘The crime of child destruction is the most heinous crime,’’ he said.

‘‘Abortion is a deliberate and direct killing of human beings in every phase of existence extending from conception to birth.’’

Nicholas Hanna QC for the Department of Health had earlier referred to the FPA legal team’s argument that doctors were currently too frightened of breaking the laws on abortion that they were over-cautious.

‘‘There’s no way in which any guidance the department could give which would have the effect of removing the chill factor,’’ he insisted.

Richard Gordon QC, for the Society for the Protection of Unborn Children (SPUC), backed his view.

He told the court that any doubts over abortion laws in Northern Ireland had little impact.

‘‘It doesn’t follow from the uncertain state of the law that the respondent is under any obligation to prove clear and authoritative guidance,’’ he said.

‘‘No guidance can be authoritative.’’

John O’Hara QC, representing another two pro-life bodies, Life and Care, argued that the ‘‘thousands of referrals’’ these organisations receive each year disproved the FPA argument that the law was too uncertain.