BS: The NI Battle commences

Subject: BS: The NI Battle commences
From: Jim Carroll
Date: 02 Jun 18 - 05:51 AM

Third time lucky
Restraint would be very much appreciated
Jim Carroll

From this mornings Times
Belfast pregnancy clinic said abortion fills breasts with cancer
Isabel van Brugen
June 2 2018, 12:01am, The Times
Brandi Swindell, founder of the US anti-abortion group Stanton Healthcare, which set up the Belfast clinic
A Northern Irish pregnancy centre set up by US anti-abortion activists is falsely telling women that abortion causes breast cancer and infertility, an undercover investigation has found.
A counsellor at the Belfast clinic of Stanton Healthcare was secretly recorded telling an undercover reporter that she was “too beautiful for abortion” and a termination would make her breasts “fill with cancer”.
The false claims were condemned by a senior gynaecologist as “despicable” bullying of vulnerable women.
Abortion is illegal in Northern Ireland unless the mother’s life is at risk, unlike in the rest of the UK, where it is permitted if two doctors agree that continuing the pregnancy would be worse for a woman’s physical or mental health

Subject: RE: BS: The NI Battle commences
From: Big Al Whittle
Date: 02 Jun 18 - 06:08 AM

Ah me! Woe is upon me. I am too traumatised to speak....

Subject: RE: BS: The NI Battle commences
From: Dave the Gnome
Date: 02 Jun 18 - 06:46 AM

I am glad you have opened up the subject again, Jim. It is a subject that should be discussed. It will be passionate and emotive and should never be hushed up or closed down by insults and abuse.

FWIW I believe abortion should be freely available and that all factors should be taken into consideration. The real meaning of pro choice should be that the woman making the decision should be given all the options and supported in whatever choice she makes. Abortion may or may not be the right choice as it may result in mental trauma for the woman later but as long as she is fully informed and supported it is the woman's right to choose.

Linking to another thread about being informed by discussion rather than argumentative I can relate that these threads have made me have a rethink about the term 'pro life'. I have used it but something someone said early on made me realise that no one is actually anti life! I may still use the term but more guardedly in future.

Subject: RE: BS: The NI Battle commences
From: Keith A of Hertford
Date: 02 Jun 18 - 06:54 AM

In all the discussion, no-one has argued against the pro-choice view.

The only dispute is whether UK Parliament should impose legislation on NI which they are supposed to decide under devolution, and which they rejected in 2016.

Subject: RE: BS: The NI Battle commences
From: Iains
Date: 02 Jun 18 - 07:17 AM

I do not think that there is a great deal of dispute on this forum about the need to liberalise the abortion legislation in Northern Ireland.
With the present political realities of both the UK and Northern Ireland
such changes are unlikely in the short term. That is the reality. The argument for imposing such a change on the electorate have been fully spelled out already. The Tories rule with the aid of the DUP. At this moment they are unlikely to rock the boat for obvious reasons. No one probably likes the present situation, but until elections change the balance of power, I suspect the situation is most unlikely to change.
Should the Catholics gain power next time around will they listen to reason, or the Pope? The demographics are changing. Now the Protestants are 53%, the Catholics 47%. It is no longer axiomatic that religion dictates the political split in Northern Ireland.

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 02 Jun 18 - 08:27 AM

"Should the Catholics gain power next time around will they listen to reason, or the Pope?"
That's already been made clear in the South and therte's no reason that the same one happen in the North, particularly as it was Sinn Fein who took the lead here.
May's Government has become inextricably involved an polls are suggesting that there is a sizeable number in support for change
The DUP is nor out of step as far as same-sex marriage is concerned, with the indication that up to 70% of the population are opposed to its stance
"Make up your mind" time for May
Jim Carroll

This morning's Times
WESTMINSTER REBELS TO FIGHT FOR CHANGES IN NORTH’S ABORTION LAWS
John Walsh Deputy Ireland Editor Sam Coates UK Deputy Political Editor
Theresa May is being warned that she does not have the parliamentary num¬bers to prevent a vote on liberalising abortion in Northern Ireland.
Two government sources said they expected that 10 to 20 Tory MPs would join opposition parties to liberalise abortion, a rebellion fuelled by Penny Mordaunt, the equalities minister.
The government is facing a crunch week on the issue after last week’s referendum in the Republic of Ireland to allow abortions from next year. On Monday, Karen Bradley, the Northern Ireland secretary, or Ms Mordaunt will face an urgent question on the issue, while a debate called by Stella Creasy, a Labour MP who is pushing for change, could come as early as Tuesday.
On Thursday, the government will discover whether it has lost a Supreme Court challenge to abortion law in Northern Ireland on human rights grounds. Also on Thursday, Mrs Bradley will meet the parties in the province to sound them out on the issue.
Huge efforts are under way behind the scenes to try to revive power- sharing in Northern Ireland in an at¬tempt to allow the Stormont assembly to take the decision rather than have parliament impose its own solution.
Although key figures in London and Dublin are not optimistic about the resumption of the Stormont assembly, which has been suspended for more than a year, they are preparing a stop¬gap, The Times can disclose.
Britain and Ireland are now likely to agree to a convening of the British-Irish Intergovernmental        Conference (BIIGC) and give it a role in running Northern Ireland as a stepping stone to reviving Stormont.
The BIIGC was established as part of the Good Friday agreement in 1998. The remit of the 21-member secretariat, made up of senior British and Irish civil servants, is to oversee the manage-, ment of areas that have been devolved to Northern Ireland in the event that the Stormont assembly has been sus¬pended. It is opposed by the DUP, who dislike the involvement of the Irish government.
Although many ministers privately support liberalising the abortion rules, there are fears that an imposed change could jeopardise the fragile constitutional settlement. The Democratic Unionist Party oppose any change at all while Sinn Féin rejects a settlement that is determined in London.
The 1967 Abortion Act, which established legal abortion, has never applied in Northern Ireland. Abortion is possible but only in specific circumstances, such as a permanent or serious risk to a woman’s mental or physical health. Fatal foetal abnormalities, rape and incest are not circumstances in which abortions can be performed legally.
Senior government sources warn that it will be hard to stop a binding vote on the issue from coming back to the Commons in the next six months.
Last weekend, Ms Mordaunt wrote on Twitter in response to the Irish referendum: “Based on the exit poll, a historic & great day for Ireland, & a hope¬ful one for Northern Ireland. That hope must be met.
#HomeToVote stories are a powerful and moving testimony as to why this had to happen and that under¬standing & empathy exists between generations.”
She has so far been blocked by No 10 from talking further on the issue and the government line is that this is an issue for the Northern Ireland assembly.

Subject: RE: BS: The NI Battle commences
From: Keith A of Hertford
Date: 02 Jun 18 - 12:42 PM

Jim,
That's already been made clear in the South and therte's no reason that the same one happen in the North

I agree, but how?

Wait for the assembly to reform? But, who knows when, and they voted against in 2016.

Have a vote in Westminster? It would be a free vote and would certainly be passed, but would they thank us for deciding it for them?

I am glad it is not my decision. Good luck to May on this.

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 02 Jun 18 - 01:05 PM

Demonstrations took place in Belfast today demanding same sex marriage
Jim Carroll

Subject: RE: BS: The NI Battle commences
From: Iains
Date: 02 Jun 18 - 01:07 PM

Northern Ireland has been out of step with the rest of the UK since 1967. Abortion policy was devolved to the Northern Ireland Assembly in 2010 as part of wider policing and justice powers under the Hillsborough Castle Agreement. A 2008 parliamentary move to extend the 1967 act to Northern Ireland was blocked by then-Leader of the Commons Harriet Harman.



"The UK’s highest court rules next week on a challenge over the legality of Northern Ireland’s strict abortion law.

Seven Supreme Court justices in London will announce their decision on the controversial issue on Thursday June 7.

The ruling by the panel of judges, headed by the court’s president Lady Hale, follows a hearing last year.

The Northern Ireland Human Rights Commission (NIHRC) told the court in October that the current law criminalises “exceptionally vulnerable” women and girls and subjects them to “inhuman and degrading” treatment.

During the three-day hearing, a QC representing the commission argued that human rights were being breached, with those affected being forced to go through “physical and mental torture”.

The Supreme Court has been asked to rule that a prohibition on abortions where a pregnancy arises from rape or incest, or “involves a serious foetal abnormality”, is unlawful."

Subject: RE: BS: The NI Battle commences
From: Keith A of Hertford
Date: 02 Jun 18 - 02:13 PM

Lovely day for a demo Jim.
Iains, yes the court case is a third way that it can be achieved.
Some NI folks might object to the court making the decision as with Westminster making it.

Subject: RE: BS: The NI Battle commences
From: Iains
Date: 02 Jun 18 - 02:16 PM

Keith Parliament may create the law but it is the judiciary that make the definitive interpretation.

Subject: RE: BS: The NI Battle commences
From: Keith A of Hertford
Date: 02 Jun 18 - 02:19 PM

Only if it is challenged in court.

Subject: RE: BS: The NI Battle commences
From: Steve Shaw
Date: 02 Jun 18 - 03:29 PM

The Supreme Court is not going to rule on the generality of the abortion laws. It may say that the position on fatal foetal abnormality, rape and incest is unlawful. But it won't give the women of Northern Ireland the same rights to abortions that are enjoyed by women in England, Wales and Scotland, and soon to come, the women of the Republic.

Subject: RE: BS: The NI Battle commencesn
From: McGrath of Harlow
Date: 02 Jun 18 - 05:18 PM

I just cannot see a mechanism by which even a majority of members of the House of Commons can bring about a change in the situation in Northern Ireland, without a fall of the government and a General Election.

We talk about the UK as a parliamentary democracy, but in reality there are significant limitations on the powers of MPs.

Subject: RE: BS: The NI Battle commences
From: Big Al Whittle
Date: 02 Jun 18 - 05:48 PM

You got to admit - if there are battle lines, the demarcation is somewhat obscure.

If as Jim says, the Catholic population is up for change - perhaps someone ought to let the Pope in on the secret. I know many Catholics of mature years that are horrified by any liberalising of anything - from the abandonment of the Latin mass, the thought of clergy getting married, etc.

The church's stand on contraception and abortion is the stuff of legend. I would be surprised if they were all up for a change.

As for my lot - (perhaps someone could enlighten me with the PC acceptable term for us lot) let's call us NG's (non genuflectors).
I think you come back to the problem of political parties. Who would you vote for in the NI colllection of electables. The choice in England isn't brilliant, but I can't think of a party over there that I'd care to join and try to gain political office in.

Subject: RE: BS: The NI Battle commence
From: McGrath of Harlow
Date: 02 Jun 18 - 06:26 PM

Actually, following the referendum the legal position is the same in both parts of Ireland.
In both cases abortion is only legal in a limited number of circumstances. In both cases the parliamentary body for that part of the country has the power to change that situation.

The differences are that in one case there is a parliament in existence, the Dail, and that is preparing to legislate to widen access to abortion, whereas in the case of Northern Ireland, the Assembly is suspended, and if it were reconvened there is good reason to expect that it would not carry out such legislation.

I think it is better to keep this discussion to the political issues rather than to broaden it into exchanges about the ethics of abortion and about religion. (In the context of Northern Ireland the divisions aren’t really about religion as religion, but rather as a marker for ethnic divisions.)

Subject: RE: BS: The NI Battle commences
From: Steve Shaw
Date: 02 Jun 18 - 06:46 PM

"I just cannot see a mechanism by which even a majority of members of the House of Commons can bring about a change in the situation in Northern Ireland, without a fall of the government and a General Election."

Another way of putting it is that either the Commons gets a free vote on changing the law in NI, or that the Tories continue to avoid an election by putting their party interests above the interests of women in NI.

Subject: RE: BS: The NI Battle commences
From: Iains
Date: 02 Jun 18 - 06:48 PM

"The Supreme Court is not going to rule on the generality of the abortion laws."
No. That is not part of it's remit. If it finds in favour it opens a chink that may led to further change. Westminster is unlikely to force the issue for obvious reasons. The devolved parliament is dysfunctional/nonfunctional. Perhaps a relatively neutral way forward would be to give the electorate a referendum on the matter, as in the south.
Practicalities will probably dictate we wait for a more favourable political regime. Even then there are no guarantees. Who are we to impose our will on a relatively independent entity anyway? The rest of the UK modified the law on abortion in 1967. Northen Ireland has steered her own course on the subject for over 50 years so I see no need for urgency now. Just because we see the law as unfair by no means signifies that Northern Ireland is in agreement with this view. For Westminster to impose a change in the law would rightly be perceived as unreasonable interference in their affairs. Such dabbling could stir up a hornets nest. Is that the sensible approach?

Subject: RE: BS: The NI Battle commences
From: Big Al Whittle
Date: 02 Jun 18 - 07:26 PM

in other words how devolved are our devolved parts, segments, whatever....

I suppose it all comes down to how the individuals act.

Keith always reckons we would love to shuck off NI. He may have something. I think it would be a real mistake of the Unionist section to overplay its hand.

Corbyn is not as popular as he should be at this stage of the game. I think the tories would win a snap election

Subject: RE: BS: The NI Battle commences
From: Steve Shaw
Date: 02 Jun 18 - 07:37 PM

"Practicalities will probably dictate we wait for a more favourable political regime.."

Practicalities for thousands of women in Northern Ireland dictate, under your scheme, that their dire situation is perpetuated. Human rights play second fiddle to Tory party interests. Just think about what you're saying. A referendum would rock-solid "give the right result." But that isn't the right approach. I want my government, which happens to also to be the government of Northern Ireland, to grow some cojones and give the Commons a free vote. Sod your bloody "practicalities." Just think about the practicalities faced by thousands of women who currently live under just about the most repressive reproductive regime on earth. In other words, ditch your "practicalities" and just try to focus.

Subject: RE: BS: The NI Battle commences
From: McGrath of Harlow
Date: 02 Jun 18 - 07:38 PM

I doubt if a free vote in the House of Commons could be anything but advisory. Our parliamentary system doesn’t work that way. The Executive rules.

I would always assume that It is best to anticipate that the Tories will put party interests above just about anything.

Subject: RE: BS: The NI Battle commences
From: michaelr
Date: 02 Jun 18 - 07:45 PM

From the OP: "Brandi Swindell, founder of the US anti-abortion group Stanton Healthcare, which set up the Belfast clinic..."
A Northern Irish pregnancy centre set up by US anti-abortion activists..."

Nothing to do with the Catholic church. Instead it's an effort by American fundamental evangelicals to inflict their illiberal agenda on other countries. Trump is grabbing your pussies... and squeezing.

Subject: RE: BS: The NI Battle commences
From: Steve Shaw
Date: 02 Jun 18 - 08:08 PM

Quite so, Kevin, lamentably.

Subject: RE: BS: The NI Battle commences
From: Keith A of Hertford
Date: 03 Jun 18 - 05:38 AM

It is usual for a vote on ethical issues to be a free vote.
They are no less binding than a whipped one.

Subject: RE: BS: The NI Battle commences
From: Steve Shaw
Date: 03 Jun 18 - 06:00 AM

A cross-party group of women MPs (Conservative, Labour, LibDem and Green) have determined that there is a constitutional way of forcing an emergency debate and vote in the Commons. The vote would not be binding on May but would constitute unstoppable momentum towards liberating the abortion laws in NI. Clearly, that's the last thing she wants to happen as she's in hock to the DUP who would see allowing such a vote as a betrayal. Too bad. Just for once this self-declared "feminist" must do the right thing. Northern Ireland is an integral part of the UK. The abortion laws there are a vile aberration and in the present circumstances the UK government has the responsibility of getting them in line with the rest of the country, and soon.

Subject: RE: BS: The NI Battle commences
From: Iains
Date: 03 Jun 18 - 06:50 AM

Steve in the ideal world your attitude is probably correct. In the world that exists the imposition of legislation from Westminster could well lead to violence. Best to leave it to the people of northern ireland to make the decision. Is forcing the issue at the expense of sectarian violence really what you want? There are already major issues to do with brexit concerning the north- is potentially inflaming any situation over there really helpful at this stage? Realpolitik is in action!

Subject: RE: BS: The NI Battle commences
From: Steve Shaw
Date: 03 Jun 18 - 07:36 AM

My attitude is correct in THIS world. Waiting and seeing for judges or a restarted Stormont is absolutely the wrong attitude in anybody's world because it prolongs the suffering and repression of women. A vote in the Commons is not binding on May. Allowing a vote to take place is not going to trigger sectarian violence. This is not fundamentally a sectarian issue in any case. The vote, which would certainly be in favour of liberalisation, would be a strong starting point for reform, that's all. The current paralysis is unconscionable and undemocratic, and waiting for Sinn Fein and the DUP to reconcile is absolutely no answer. Of course, a vote might just concentrate their minds.

Subject: RE: BS: The NI Battle commences
From: Iains
Date: 03 Jun 18 - 07:45 AM

I guess we must just accept our views are completely at odds with one another.

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 03 Jun 18 - 09:18 AM

"In the world that exists the imposition of legislation from Westminster could well lead to violence"
HARDLY
Not on an issue supported by Sinn Fein aand now a done deal in the Republic
An excuse for doing nothing in order to get May off the hook
Jim Carroll

Subject: RE: BS: The NI Battle commences
From: Steve Shaw
Date: 03 Jun 18 - 09:22 AM

That's it nailed, Jim.

Subject: RE: BS: The NI Battle commences
From: Iains
Date: 03 Jun 18 - 09:33 AM

As I said! realpolitik.

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 03 Jun 18 - 09:53 AM

The reality is May will not act to help the women of the North so she will be forced to confront her own rebels on the issue - a lose - lose situation for her whatever she decides
Jim Carroll

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 03 Jun 18 - 10:19 AM

Another ingredient for the Westminster Bakeoff
If the European Court goes in favout of the women both May and Foster's Fundamentalists will be in breach of human rights laws
As somebody said recently "Happy days are here again"
Jim Carroll

Subject: RE: BS: The NI Battle commences
From: Mr Red
Date: 03 Jun 18 - 11:28 AM

any medical intervention carries risks by virtue of loading the immune system with tasks. Thus it can't mount an attack as effectively while it is distracted.

But it is a lot disingenuous to say cause when the word should be risk and risk demands a qualifier.

And pregnancy is not without risk. Who is to say, maybe these days, the risk is commensurate. Unless - an unplanned child causes a measure of poverty which itself carries all sorts of health risks. Long term.

If I had the right to opinion I would say pro-choice.

Subject: RE: BS: The NI Battle commences
From: Keith A of Hertford
Date: 03 Jun 18 - 12:00 PM

Jim,
both May and Foster's Fundamentalists will be in breach of human rights laws

Also the Republic all this time and for a few more weeks yet.

Mr. Red,
If I had the right to opinion I would say pro-choice.

We here are all of that opinion so far, and everyone has a right to an opinion, just not to enforce it on others.

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 04 Jun 18 - 10:49 AM

Rather nasty turn of events - from this morning's Times
Jim Carroll

ANTI-ABORTION GROUPS TO TARGET WOMEN AT GPS
Calls to ban harassment as activists take tactics from American allies
Ellen Coyne Senior Ireland Reporter
Anti-abortion activists are rushing to create “crisis pregnancy centres” that will target women seeking termina¬tions in the Republic next year.
The revelation that activists have already started fundraising for such agencies, which will adopt tactics used by US anti-abortion groups, has led to cross-party calls for a ban on the har¬assment of women seeking abortions and medical staff performing them.
Up to 20 Irish anti-abortion activists will be flown to the US this summer to be trained in tactics including “pave¬ment counselling”, which can involve harassing women trying to access abor¬tions outside hospitals or clinics.
Activists have also started appealing for funds to set up crisis pregnancy clin¬ics as near as possible to premises that will offer terminations in Ireland after the law is changed. The same tactic is used by anti-abortionists in the US.
Several anti-abortion groups in Ire¬land already run agencies that have been exposed lying to women, includ¬ing claiming that abortion will cause breast cancer, make them suicidal and turn them into child abusers.
Donegal Together for Yes said it was concerned that women would be tricked into believing that such organi¬sations, if set up, would have women’s best interests at heart. It said it knew of attempts to set up agencies in Donegal, the only county that voted “no” to re¬pealing the Eighth Amendment.
“We believe the government should be coming down hard and strongly on any illegal counselling which is offered outside of registered HSE agencies,” Sinéad Stewart, a spokeswoman for Donegal Together for Yes, said.
Expectant Mother Care, a US anti- abortion group, which has been caught making misleading claims to women, has offered to fly 20 Irish activists to New York this summer to train them to run similar agencies in Ireland. The group has set up offices directly beside US abortion clinics in an attempt to in¬tercept women seeking terminations.
Chris Slattery, a US activist who works for the group, said: “I quickly bounced back [from the referendum re¬sult] and realised God is sending us a message that we need to focus on indi¬vidual conversion of hearts and souls,” Mr Slattery told Currents News, a Catholic cable TV station. He said that the nine women a day who travelled to the UK for legal abortions were not being reached by activists such as him and greater efforts should be made.
Simon Harris, the health minister, signed regulations last week to regulate crisis pregnancy agencies for the first time. It followed investigations by The Times that exposed Ask Majella, the Women’s Centre on Berkeley Street in Dublin and Gianna Care for posing as objective sources of information but giving women misleading advice.
Louise O’Reilly, the Sinn Féin
spokeswoman on health, said that the government had to take steps to proact¬ively ban any anti-abortion groups that sought to harass women with vigils or “counselling” outside GP clinics or hos¬pitals. “We cannot be complacent. We have seen from some elements of the referendum campaign that these people can and will take an aggressive stance,” she said.
Brendan Howlin, the Labour leader, said that the government should legis¬late to protect the areas around hospi¬tals and clinics from protests.
“It is essential that any premises of¬fering terminations, as voted for by the Irish people, be protected in the law with exclusion zones to protect against protestors but also protection in the planning regulations so that false flag operations can’t just open beside them,” Mr Howlin said.

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 07 Jun 18 - 11:23 AM

Strange mixed result of Abortion human rights claim - the panel rejected the claim by a majority vote but say that the law needs radically changing
THIS APPALLING PIECE OF FUNDAMENTALISM made our headlines this morning
Wonder how the mainland British mass murderers feel about that one
Jim Carroll

Subject: RE: BS: The NI Battle commences
From: Jack Campin
Date: 07 Jun 18 - 11:30 AM

In today's news, the Scottish Parliament UNANIMOUSLY voted to retrospectively pardon all convictions for homosexuality. That means the Tory MSPs voted for it too.

I wonder how that went down in NI.

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 07 Jun 18 - 01:05 PM

Are there any Tories left in Scotland?
Jim Carroll

Subject: RE: BS: The NI Battle commences
From: Iains
Date: 07 Jun 18 - 02:53 PM

Supreme Court rejects NI abortion law case.

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 07 Jun 18 - 02:55 PM

"Supreme Court rejects NI abortion law case."
Just said that - three postings up
Jim Carroll

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 07 Jun 18 - 02:57 PM

ONLY JUST STARTED
Jim Carroll

Subject: RE: BS: The NI Battle commences
From: Iains
Date: 07 Jun 18 - 03:08 PM

"Supreme Court rejects NI abortion law case."
Just said that - three postings up
Jim Carroll

Cannot see it on my computer anywhere.

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 07 Jun 18 - 07:48 PM

Try Date: 07 Jun 18 - 11:23 AM - as I said, three postings above your own
Jim Carroll

Subject: RE: BS: The NI Battle commences
From: Jim Carroll
Date: 08 Jun 18 - 05:17 AM

Interesting clarification of the Supreme Court decision - from anarticle in this morningg's Irish Times reporting that a Belfast woman is intending to take the appeal further
Jim Carroll


The supreme court yesterday dismissed on technical grounds a challenge taken by the Northern Ireland Human Rights Commission (NIHRC) against Northern Ireland’s abortion laws but a majority concluded they breached the European Convention on Human Rights (ECHR).
Abstract grounds
The seven-judge panel found the NIHRC did not have the competence to challenge the law on abstract grounds but suggested a challenge brought by a victim of the law could be successful.
Amnesty Northern Ireland spokeswoman Grainne Teg gart said: “Despite the fact that there wasn’t an identified ‘victim’ in this case, the judges felt so strongly that the evi¬dence showed that Northern Ireland’s abortion law breaches women’s rights, that they dis¬pensed with procedure and set out their conclusions anyway.
“If there’s any testament that we need to get rid of this inhumane abortion ban, it’s that. We’ll now finish what we started by taking this to the Belfast High Court to demand it makes the final formal declaration.”
In his judgment, Lord Mance - the court’s deputy president - stated that the current 150-year-old law in Northern Ireland was “untenable” and in need of “radical reconsidera¬tion” due to the “ongoing suffering” it caused.
While the legal challenge could not be taken on technical grounds, he said: “I would have concluded, without real hesita¬tion at the end of the day, that
// Lord Mance WW stated that the current 150-year-old law in Northern Ireland was ‘untenable'
the current state of Northern Ireland law is incompatible with article 8 of the Conven¬tion, insofar as it prohibits abortion in cases of fatal foetal abnormality, rape and incest.”
Unlike other parts of the UK, the 1967 Abortion Act does not extend to Northern Ireland.
Jailed for life
Northern Ireland only permits abortion in cases where a woman’s life is at risk or if there is a risk of permanent and serious dainage to her mental or physi¬cal health. Anyone who unlaw¬fully carries out an abortion could be jailed for life.
The NIHRC challenged the law on the basis that it was incompatible with article 3 (the
prohibition of torture and of inhuman or degrading treat¬ment), article 8 (the right of everyone to respect for their private and family life) and article 14 (the prohibition of discrimination) of the ECHR.
The court found that the NIHRC did not have standing to bring the proceedings.
“If an individual victim did return to court in relation to the present law, a formal declara¬tion of incompatibility would in all likelihood be made,” the judgment said.