In the matter of an application by the Family Planning Association of Northern Ireland for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Kerr J |
| Judgment Date | 07 July 2003 |
| Neutral Citation | [2003] NIQB 48 |
| Date | 07 July 2003 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2003 |
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Neutral Citation No. [2003] NIQB 48 Ref: KERC3985
Judgment: approved by the Court for handing down Delivered: 07/07/03
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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IN THE MATTER OF AN APPLICATION BY THE FAMILY PLANNING
ASSOCIATION OF NORTHERN IRELAND FOR JUDICIAL REVIEW
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KERR J
Introduction
[1] Abortion is legal in Northern Ireland – in certain circumstances. It has
been said that there is a widespread belief that abortion here is always illegal.
If there is such a belief, there is no justification for it. It is wrong and after this
case there is no reason that it should persist.
[2] This application for judicial review does not seek to change the law in
relation to abortion in Northern Ireland. Rather it seeks to require the
Minister for Health and Social Services to give guidance about the
circumstances in which abortion may be obtained and to investigate the
avowed difficulties in obtaining services for the termination of pregnancy.
[3] The applicant is the Family Planning Association for Northern Ireland.
Since the 1980’s it has provided a counselling, information and support
service for women in Northern Ireland faced with unplanned pregnancies. It
seeks a declaration that the Minister for Health has acted unlawfully in failing
to provide advice and guidance to women and clinicians in Northern Ireland
on the availability and provision of services for the termination of pregnancy.
The association also challenges what it says is the failure of the Minister to
investigate whether women are receiving satisfactory services in respect of
actual or potential terminations of pregnancy in Northern Ireland. Finally it
seeks a declaration that the Minister has acted unlawfully in failing to secure
such services for women in Northern Ireland. The application for judicial
2
review also seeks ancillary orders of mandamus requiring the Minister to act
to cure the unlawfulness that each of the declarations sought asserts.
Background
The work of FPANI
[4] Ms Audrey Simpson is the director of the Family Planning Association.
She has described how the association provides assistance to women who
seek a termination of pregnancy. Frequently contact occurs first by the
woman telephoning the association. Sometimes women are referred to the
association by their medical general practitioners. An appointment is made
with one of the association’s counsellors. If the counsellor considers that a
woman may have grounds for termination in Northern Ireland she will
advise the woman accordingly and suggest that she discuss the matter with
her GP. The counsellor will also suggest that if the GP is unsure as to how to
proceed he or she should contact the association for advice. On those
occasions when a GP contacts the association advice is given to contact a local
gynaecologist and, if required, the association will supply names of
gynaecologists. GPs also contact the association with a range of queries about
counselling and termination services for their patients.
[5] A woman may choose to arrange an appointment at a private abortion
clinic in England. In that case the association will provide advice on travel
arrangements, medical procedures, post abortion counselling etc. Leaflets are
produced by the association in which detailed instructions are given about
clinics, hotel accommodation, flights, onward travel - indeed, elaborate and
detailed guidance about where to go and what to do is provided.
[6] During the year 2000 six hundred and thirty women were given
counselling by the association. Of these, one hundred and sixty-six had been
referred by their GP. In the first three months of 2001 three hundred and
thirty-three women contacted the association’s help line for information on
termination of pregnancy. Some one hundred and fifty-three of these came to
the association for counselling; many of the others contacted clinics in
England directly because their pregnancies were advanced and they were
unable to wait the two to three weeks required to obtain a counselling
appointment with the association.
The request for guidelines
[7] On 18 January 1999 in the House of Commons Maria Fyfe MP asked the
Secretary of State for Northern Ireland whether he would “issue guidelines to
general practitioners, obstetricians and gynaecologists (a) on the grounds
under which termination of pregnancy may be carried out and (b) on
referring women who qualify for a legal abortion under the terms of the
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