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NI abortion guidelines to go

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Anti-abortion campaigners leave the High Court in Belfast
The Government was ordered to withdraw guidance for health professionals on abortion in Northern Ireland after a High Court Judge ruled it was potentially misleading.

Lord Justice Girvan found that, while the guidance on when termination was lawful - which was issued to doctors earlier this year - was correct on a number of matters, it was misleading in two respects, namely counselling and conscientious objection.

But, he stopped short of quashing the document issued by the Department of Health.

The Society for the Protection of Unborn Children was seeking a declaration that the decision to publish the advice to health professionals was unlawful.

The Department of Health's legal representatives rejected allegations it had failed to make clear that abortion was illegal in Northern Ireland apart from in the most exceptional circumstances.

It was also stressed that the document was for health workers rather than the general public.

But Lord Justice Girvan held that the section in the guidance on counselling needs to be reconsidered because it is unclear and could lead to the adoption of potentially unlawful procedures.

He posed a number of questions, such as whether the giving of advice on the availability of abortion services in England and Wales might constitute an offence in Northern Ireland, or whether the provision of counselling to a woman who has decided to go to Great Britain would constitute an offence.

Lord Justice Girvan also ordered that the advice on conscientious objection should be reconsidered.

Lord Justice Girvan said: "An order directing that the guidance be withdrawn must be the appropriate relief in the circumstances where it has been found to be misleading."

He also awarded costs to the pro-life organisation.

'Ambiguous'

The ruling left pro-life campaigners jubilant, but caused dismayed health professionals to claim it had set them back by years.

"It is clear that the judge believed the guidance was ambiguous and improper in its form and needed to be withdrawn," pro-life campaigner Liam Gibson told UTV.

"One of those grounds was on the actual advice being given to medical professionals who did not want to participate in abortion"

"The guidance said that no doctor could be forced to perform an abortion but they had to facilitate them, clearly that is an unlawful proposition," he added.

But Audrey Simpson, director of the Family Planning Association, claimed they had been set back to 2001 when legal moves to obtain guidance was first launched.

"Eight years on and we are still where we started off," she said.

"Because it is all to be withdrawn we are going to have health professionals once again operating in a vacuum.

"Most importantly we don't know what they can and cannot do in Northern Ireland when they are faced with an unplanned or crisis pregnancy. The losers are the health professionals, but most importantly the women."

Her assessment was backed by Breedagh Hughes of the Royal College of Midwives.

"We thought it was very robust guidance, it is imperfect because there are aspects of the law in the rest of the UK that cannot be applied in Northern Ireland, but it was a good place to start," she told UTV.

"It was very much welcomed by health professionals working in this area and now it has been withdrawn we are right back where we were five years ago".

Abortion is illegal in Northern Ireland, except in circumstances where the mother's life or mental well being are considered at risk.

© UTV News

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At 13:32 on 09 December 2009, Laraine wrote:
I have to say im disgusted that these guidelines have been scrapped. I think the woman of N.Ireland are being left in a vulnerable situation with no guidance or support! It is not for all of you to judge or discriminate against woman who decide to terminate their pregnancies. I truly believe these woman should have the right to choose!
At 14:24 on 01 December 2009, Ciaran wrote:
I dont usually post comments but in this case I feel it is only right to do so. Michelle is 100% correct in her statement 'Let Northern Ireland represent a beacon of light to the world'. At present Northern Ireland is the safest place in Europe for the unborn but if those guidelines had have been passed it would have left Northern Ireland the most dangerous place for the unborn. Those guidelines are grisly reading and I can predict if they were passed we would see an influx of woman coming here for abortions especially late term abortions and we do not want to see the murder of these innocent children. Abortion on demand would be the result of those guidelines and the people of Northern Ireland are not stupid they know that and dont want to follow in the tragic footsteps of other countries. If abortion was'nt so widespread in the UK perhaps the NHS would not experience such strain, so much finance is put into this industry both in terms of financing the abortions and picking up the pieces of the fragile woman in the aftermath of these abortions by providing antidepressants and counselling. It would have been a travisty for Northern Ireland if this had have been passed yesterday, we have enough of our own problems in society without having to add to it. Well done to the prolifers for acting as a voice for the unborn children at such a critical time!!!
At 11:47 on 01 December 2009, Ciara Coyle wrote:
A joyful day for Northern Ireland, and for the babies of our future. I am so so delighted that Ireland has kept Ireland Abortion Free. In response to Heather, i would like to say that many people tend to talk about Abortion should be a women's choice and a personal choice, well let me tell you Heather, a baby being brutally murdered in the womb, where does the babies choice come into it?? Michelle so rightly said that babies bring so much joy and happiness. Would Heather be happy to pass land field sites all over Northern Ireland with Millions of Dead innocent Babies in it? No i cant understand how any Human Person can let this be. This is the Reality of Abortion and this is what is happening all over the World. Ireland is shining a light. A light of love, happiness, hope and prosperity.
At 08:48 on 01 December 2009, Michelle wrote:
In response to Heathers comments I would like to answer her question on what I would do and the answer is I have KEPT my children. I have found myself in a crisis pregnancy twice and made the decision to keep my children and when I look upon my two kids I thank God for they are truly a gift. Heather children can bring so much fulfilment in peoples lifes regardless of how they are conceived, there is no reason or excuse in this world that can contemplate the murder of a defenceless innocent child in its mothers womb. Heather a child going through the horror of an abortion isnt even giving an anaesthetic!!! we wouldnt treat an animal that way. Thank God these guidelines were scrapped, this is a happy joyful day for the people of Northern Ireland and as the unborn would say if they had a voice 'we can live without them!!!!' Let the little children of Northern Ireland live on!!!
At 23:26 on 30 November 2009, Martin wrote:
This is great news for the people of Northern Ireland. The law must protect everyone: mothers and unborn children. At the end of the day, people will reject abortion when they understand what it is and what it does to unborn children and the harm and hurt it causes to women.
At 17:04 on 30 November 2009, Heather wrote:
A sad day for northern ireland and those women who find themselves in a situation like this ,,, may i add to Michelle if she found herself in a situation like these women ,, what would she do ???? it really is a decision for the individual person and it does not need these pro life people sticking their nose in where it is not wanted ,, this is a personal decision and it does not warrant these people getting on their high horse and making a very personal and difficult decision any more painful ,, no women takes this decision lightly !!!!!!!
At 11:01 on 30 November 2009, Michelle wrote:
Just heard the news that the judge has ruled in favour of the prolife movement and has ordered that these guidelines are scrapped. Well done to the Judge for listening to the people of Northern Ireland, the vast majority do not want the murder of innocent lives here and well done to the prolifers for standing up for the unborn. Let Northern Ireland represent a beacon of light to the world and keep the biggest evil to hit society away.
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