A judge at Belfast’s High Court has reserved judgement in a case aimed at extending abortion provision in Northern Ireland.
Taken by the Northern Ireland Human Rights Commission (NIHRC), the case comes in the wake of a submission to the Northern Ireland Assembly of a consultation document compiled by the Department of Justice on the issue of abortion provision in the region. Currently, Britain’s 1967 Abortion Act does not extend to Northern Ireland, where a termination can only be undertaken to save the life of the mother.
Perceiving inaction on the part of the Assembly to act on the issue, and believing that the Department’s document does not go far enough, the NIHRC launched its legal bid to have abortion rights extended to take account of serious malformation of the foetus, rape or incest.
Contesting the NIHRC’s case, Brett Lockhart QC, acting on behalf of the North’s Catholic Bishops warned that a ruling in favour of the Commission would “open the floodgates for every type of disability”.
“We submit that abortion is not the answer,” Lockhart said.
The court also heard from Northern Ireland’s Attorney General, John Larkin QC who stated that “the Human Rights Commission want to take away the right to life of disabled unborn children. Not only is this wrong it is also inconsistent with UNCRPD (the UN Convention on Rights of Persons with Disabilities).”
Having heard submissions also from the NIHRC and from Sarah Ewart, who provided personal testimony on her journey to England to seek a termination after a diagnosis of a fatal foetal abnormality, Judge Mark Horner reserved judgement, citing the need for “mature reflection” on all arguments.
“The quality and quantity of the arguments both written and oral has given me food for thought,” he stated. “I have not made up my mind.”