Anti-choice group SPUC has launched a challenge against the Department of Health’s abortion guidelines in Northern Ireland.  The group has been granted permission to seek a judicial review to have the existing guidance redrafted.

Human rights partner Richard Stein represents the Family Planning Association (FPA).  In 2001 the FPA, challenged a decision by the Department of Health , Social Services and Public Safety not to publish guidance for women in Northern Ireland who sought an abortion.  In October 2004 the Northern Ireland Court of Appeal overturned a decision of the High Court and required the guidelines to be produced. The guidance which was finally issued in March this year  is now being challenged by SPUC.  A full hearing of the case will take place later this year, most likely in October.

The 1967 Abortion Act does not apply in Northern Ireland and so the law relating to abortion is much less clear than in the rest of the UK. However abortion is legal in certain circumstances and a number are carried out in NHS hospitals there every year.  The purpose of the guidance is to set out for health professionals the circumstances in which a termination of pregnancy may be lawful and the procedures to be followed and practices to be adopted.

The FPA has intervened in the case in support of the DHSSPS Guidance.

Audrey Simpson, director of the Family Planning Association said SPUC had a weak case.

She expressed frustration that a new "vacuum" would continue until the legal challenge is resolved.

"We had planned to produce an information leaflet for women so they know what their rights are, but we can't do that now until we know how the judicial review will go, and whether it will be amended."

For more information please contact Richard Stein on 020 7650 1200.