DHSSPSNI Mocks High Court Ruling and Refuses to Properly Withdraw Abortion Guidelines.
After such a display of arrogance we really should ask just who do our Civil Servants serve?
In an act of defiance against the High Court, the Department of Health NI have refused to withdraw the erroneous abortion guidelines in their totality, as they were ordered to by Judge Girvan in November 2009 and again in December 2009. (CLICK BELOW for Court Order)
Order 30.11.09(2) judge Girvan
In what seems to have become a war of attrition for the Minister for Health, Mr Michael McGimpsey, he has decided to proceed with the Guidelines, only removing two disputed sections, despite the effect flawed guidelines may have on medical practice in the important field of maternity care, and the criminal legal implications of misunderstanding the law. This is contrary to the further ruling that Judge Girvan LJ gave on the 14th December, confirming his original decision that the Guidance should be withdrawn in its entirety.
In a circular to health professionals written today (9th February 2010) the Chief Medical officer stated by way of explanation;
The “interim Guidance” is in fact the same document as the 2009 Guidance, with two sections taken out.
Is it sufficient to withdraw the document and then reinstate it calling it “interim” guidance? Isn’t this mocking the Order made against the Department by the court?
Further insult is added by the direction in todays circular that the recent High Court action does not prevent the following instruction (given last March when the erroneous Guidance was introduced):
This directive specifically impinges on the areas of Counselling and Conscientious Objection which were found to be legally problematic by the High Court.
Freedom of Information
The Association of Catholic Lawyers can also reveal that Freedom of Information requests show that Health Trusts continued to use the Guidelines, including the disputed sections, and seemed to be oblivious to the fact that there had been a High Court order withdrawing the Guidance, much less the possible legal implications of actions by doctors adhering to flawed guidence.
Following this information from the Trusts the ACLI sent the following Freedom of Information request to Mr McGimpsey on the 3rd February 2010;
“Dear Mr McGimpsey,
Under the Freedom of Information Act I request the following information:
Please could you forward the information on the total cost to the DHSSPSNI of the most recent High Court Case, SPUV v DHSSPSNI, the judgement for which was handed down on the 31st November 2009. Please also include the costs for the hearing on the 15th December initiated bythe Department.
Could you also indicate what steps the DHSSPSNI have taken to carry out the Judges Order that the Guidelines are to be withdrawn.
Have the Trusts been told that the Guidance has been withdrawn?
Is the Department aware of whether or not the Trusts are still following the Guidance?
Is the Department aware of whether or not hospital doctors, GPs, nursing staff and other relevant staff have been told that the Guidance has been withdrawn?
Has the Department issued any correspondence to any persons or organisations relating to the withdrawal of the Guidance in accordance with Judge Girvins decision? (please enclose copies of such correspondence)“
This request was recieved by the DHSSPSNI on the 3rd February. Six days later the Department now issue what seems to be their first correspondence since the judges order withdrawing the Guidance last November.
Take it for what its worth.
£897,497 pounds given to the Family Planning Association in funding since 2000.
THe DHSSPSNI recently revealed to the ACLI that it had given funding of £897,497 to the fpa(NI), a group which has as its remit the legalisation of abortion in the north of Ireland. £137,245 was given this year, more than any other year so far. The above figure does not include money given to the fpa(NI) by the separate Health Trusts, four of which are listed on the FPAs yearly report as funders.
At the same time the Department has announced it may have to ask women who have given birth to leave the maternity ward within hours of childbirth, due to cuts in Health funding.
Costs
The initial case requiring the DHSSPSNI to issue guidance in 2001, and the appeal case following that in 2004, cost the Department, according to their own figures, £270,594. Costs had to be paid to the fpa(NI) which took the case against the Department.
The Department still have not released their costs for the most recent case in 2009, in which the Judge ordered that the Deparment pay the costs of the successful applicant, SPUC.
[...] However the Department never withdrew the guidance, and only removed two parts of the document consi…. The Guidence was described by the Judge at the time as a “trap for the unwary”. [...]