THE Department of Health has been accused of "playing for time" over the stalling of abortion guidelines following a landmark court ruling earlier this week.
The department issued a statement on Friday night about Monday's High Court judgment that determined existing abortion laws in Northern Ireland were in breach of human rights laws in relation to foetal fatal abnormality and sexual crimes.
Hailed as an 'historic' ruling by campaigners who have fought for 12 years for legal clarity on the issue, a department spokeswoman told the Irish News however that the judge in the case, Mr Justice Horner, "had indicated he had not reached a concluded view".
Following the decision, Justice Horner asked relevant parties - such as the Human Rights Commission which had brought the legal challenge and the Department of Justice - to make submissions regarding whether the existing law needs to be changed to comply with human rights legislation. A hearing is set for next Wednesday, December 9.
However, Patrick Corrigan, head of Amnesty International in the north, insisted the courts "have declared a definitive ruling" but have to now "set out the remedy"in terms of how the law will need to be changed.
New draft abortion guidelines drawn up by Mr Hamilton, which were leaked to the BBC and have been shared among the Executive, state that foetal abnormality in itself is not grounds for abortion - a view at odds with the legal judgment.
"Mr Justice Horner has clearly ruled that the Northern Ireland laws are in breach of European laws. The leaked guidance drawn up by the Department has arrived too late to be of any use," Mr Corrigan said.
"To say that the ruling isn't conclusive is playing with time and words. What Executive members are going to sign off on something that a judge has ruled has breached human rights legislation...the minister will have to go back to the drawing board."
The Irish News asked the Department of Health when Mr Hamilton would make the draft guidelines public following criticism from the Royal College of Midwives about the "total legal limbo" and "acute confusion" around the issue.
A department spokeswoman said: "At this stage. Mr Justice Horner has indicated that he has not reached a concluded view."
She added: "Guidance on termination of pregnancy for health care professionals is currently with the Executive for approval. The minister indicated publicly as late as 5 November 2015 in response to an Assembly question, that he hoped to bring guidance to the Executive shortly, and the minister has now fulfilled that commitment.
"A meeting of the executive is scheduled next week."
The courts are due to sit again on the issue on December 16, but Royal College of Midwvies chief Breedagh Hughes said that the department need to "act urgently" and provide some clarity as to whether the latest draft guidelines will be updated to reflect the court ruling.
Ms Hughes raised concerns that the department "has a history of dragging its heels" on passing legislation – even in the wake of court rulings.
"There is a lot frustration and anxiety out there for pregnant women and health professionals. It is grossly unfair to prolong this and we need to find a sensible way forward. The Royal College of Midwives have had no sight of this guidance, nothing has been shared with us," she said.
"Even though there has been a definitive court ruling, the Department of Health has a poor track record on passing legislation in this regard. You only have to look at how long it took them to act after the court ruled on gay adoption in Northern Ireland."
