Judge rejects NI abortion guidelines bid

Anti-abortionists won a major victory today after a High Court judge dismissed a bid to introduce termination guidelines in Northern Ireland.

Mr Justice Kerr rejected an attempt by the Family Planning Association to force health chiefs into setting out the circumstances in which abortions were legal.

He said: “None of the grounds in which the judicial review has been sought has been made out. The application must be dismissed.”

But even though he accepted Britain's Department of Health was under no obligation, the judge stressed that such a move may help end the confusion.

As the FPA considered launching an appeal against the ruling, director Audrey Simpson insisted there were positive aspects to the outcome.

She said: “The judge made it clear that it would be prudent for the department to issue guidelines and he also pointed out that abortion is legal in Northern Ireland under certain circumstances.

“Those who suggest it’s not should not be under that illusion any longer.”

Under current laws women can only have a termination in the North if their life is at risk or if there is a serious threat to their mental or physical health by continuing the pregnancy.

But, as he delivered his ruling, Mr Justice Kerr pointed out that only four out of 8,000 women who travelled from Northern Ireland to England and Wales between 1993 and 1997 could lawfully have had the operation in the North.

This helped to show there was no confusion about the circumstances, he told the court.

Liam Gibson, from the Society for the Protection of the Unborn Child, who intervened in the judicial review, praised the judgment and insisted the law was already perfectly clear.

He said: “Guidelines were not required and what the FPA were really looking for was a change in the law in Northern Ireland against the will of the people and politicians.”