Northern Ireland

Northern Ireland's abortion laws have a 'chilling effect,' court told

Sarah Ewart left and Grainne Teggart on the wayinto the High Court in Belfast yesterday picture hy Hugh Russell.
Sarah Ewart left and Grainne Teggart on the wayinto the High Court in Belfast yesterday picture hy Hugh Russell. Sarah Ewart left and Grainne Teggart on the wayinto the High Court in Belfast yesterday picture hy Hugh Russell.

Northern Ireland's abortion laws are having a "chilling effect" on anyone considering assisting in a medical termination, the High Court has heard.

Counsel for a Belfast woman challenging the near-blanket ban said the current regime leaves doctors fearing potential life imprisonment.

Sarah Ewart has issued proceedings in a bid to have the current abortion regime declared unlawful.

Adjourning her application for leave to seek a judicial review, a judge pledged to rule on the preliminary stage in the case within two weeks.

Five years ago Ms Ewart was forced to travel to England for a termination after being told her unborn child had no chance of survival.

She had backed a previous legal challenge taken by the Northern Ireland Human Rights Commission.

Unlike other parts of the UK, terminations are only legal within Northern Ireland to protect the woman's life or if there is a risk of serious damage to her well-being.

Earlier this year the Supreme Court concluded abortion laws in the region in cases of rape, incest and fatal foetal abnormality are incompatible with human rights law.

But justices still rejected the Commission's case because it did not have the necessary legal standing.

Ms Ewart has now brought a case in her own name, as a woman directly affected by the abortion legislation, and has vowed to see her legal fight "through to the end".

She is attempting to judicially review the Secretary of State, the Departments of Health and Justice at Stormont, and the Executive Office.

In court yesterday her barrister, Adam Straw, set out the potential consequences of laws which currently apply in Northern Ireland.

"The chilling effect is something likely to impact on my client and doctors deciding whether or not they are going to give a termination," he said.

"(They) are most unlikely to want to run the risk of a life sentence."

David Scoffield QC, representing the Secretary of State for Northern Ireland, insisted it was an issue for the devolved administration at Stormont.

"The Secretary of State does not have responsibility for the legislation under challenge," he added.

Adjourning the case, Mr Justice McCloskey expressed frustration at having to seek amendments to the applicant's grounds of challenge.

He confirmed, however: "I will provide the court's judgment on the application for leave not later than October 19."