Archive for the 'Association of Catholic Lawyers of Ireland' Category

Lawyers attack DHSSPSNI Revised Abortion Guidelines 2008

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It is the clear view of the Association of Catholic Lawyers of Ireland that these new guidelines are in reality the same guidelines as have already been rejected by the Assembly last October.

A criminal review of the abortion guidelines issued by the DHSSPSNI show that the Department has produced seriously flawed advice which could introduce a liberalised abortion practice in N Ireland.

Doctors who follow these guidelines may find that they are breaking the law.

Areas of serious concern include:

The complete ommission of the Unborn Child as a patient under the law

The mistaken advice that there is a defence to Child Destruction following the Bourne Case.

That “terminations” are like any other medical operation and similar rules of consent apply for young girls.

The deliberate ommission of relevant case law.

The deliberate ommission of part of the Child Destruction offence.

The misleading impression that doctors who will not committ direct abortions need a conscientious objection clause to rely on.

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Click below for a pdf copy of the Briefing Paper. This paper addressess the the criminal law on abortion in N Ireland. This paper outlines the main legal problems in the DHSSPSNI paper with citations and discussionaroung medical and legal issues.

CLICK THIS LINK FOR BRIEFING PAPER:

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The DHSSPSNI Consultation Document on the Guidelines can be seen by Clicking Here.

Catholic Lawyers previous briefing paper.

Association of Catholic Lawyers of Ireland and American Catholic Lawyers Association form alliance.

From the website of the American Catholic Lawyers Association: Click Here…..

“ACLA Forms an Alliance in Europe”

IRELAND: The ACLA has joined forces with the new Association of Catholic Lawyers of Ireland (ACLI), formed by Barrister (Mrs.) Johanna Higgins, an advisor to the group “Precious Life”, to combat the pro-abortion forces at work in the North of Ireland. ACLA President Christopher A. Ferrara co-signed a letter from Mrs. Higgins in support of a motion in the Northern Irish Legislative Assembly to correct draft Guidelines of the Health Department which would mislead women and physicians about current abortion law, which fortunately is still quite strict there.

Mrs. Higgins said: “We were delighted to receive the support of Mr. Christopher Ferrara on behalf of the ACLA which has some great pro-life victories under its belt.””

All Party Pro Life Group Launched At Stormont

The 2nd November 2007 saw an historic event in Stormont, the launch of an All Party Pro Life Group.

The keynote speaker at the launch was Dr Alveda King who, being the niece of the late slain Martin Luther King, likened the aborted child to “a slave in the womb”.

Also speaking were Dr Patricia Casey on the proven psychiatric links between abortion and suicide, Mrs Johanna Higgins, Barrister of the ACLI, presenting comment on the criminal law on abortion, Mrs Bernadette Smyth, Director of Precious Life and Mr Donaldson MLA MP, Mr Ramsey MLA and Mrs Robinson MLA MP.

The event was well attended and guests included all the main pro life groups, Doctors for Life, Lawyers, Teachers and the Catholic Bishops representative.

It was a wonderful event, very uplifting and informative.

Dr Alveda King, Bernadette Smyth (Precious Life), Johanna Higgins (Barrister), Lynn Coles (Silent No More Regional Co-ordinator) in Parliament Buildings at the Official Launch of the All-Party Pro-Life Group of the Northern Ireland Assembly

Dr Alveda King, Bernadette Smyth (Precious Life), Johanna Higgins (Barrister), Lynn Coles (Silent No More Regional Co-ordinator) in Parliament Buildings at the Official Launch of the All-Party Pro-Life Group of the Northern Ireland Assembly

Pro Life Motion Sucessful By A Large Majority in Norths Assembly!

Presentation of Petitions

Left to right Jeffrey Donaldson MLA MP, Johanna Higgins Barrister, Bernie Smyth Director Precious Life, Iris Robinson MLA MP

The Pro Life motion tabled before the Assembly was won by a clear majority of MLAs in favour of protecting the unborn child.

Below is the ACLI press release:

Pro Life Motion A Success At Stormont as Legal Flaws in Draft Abortion Guidelines Undermine DHSSPS

 

On the 22nd October a motion was passed in Stormont by a large majority to protect the Interests of the unborn child in the North of Ireland.
 
The motion had been tabled by Mr Jeffrey Donaldson MLA MP and Mrs Iris Robinson MLA MP. It proposed that the Assembly should reject the Draft Abortion Guidelines and any attempt to liberalize the law in Northern Ireland.
 
Mrs Johanna Higgins, Barrister was instrumental in advising Precious Life or the legal flaws in the Draft Guidelines. She attended meetings with Precious Life and MLAs over the last few months to alert them to the dangers inherent in the Draft Guidelines. She also wrote a Briefing Paper outlining the various faults which was published and distributed to all the MLAs.
 
Mrs Higgins says “I was glad to be able to assist in the defence of the unborn by highlighting legal errors in the interpretation of the law which had been made by those who had drafted these guidelines.”
 
“We were delighted by the robust majority in the Assembly and the moving speeches made on behalf of the unborn child.”
 
Mrs Higgins went on to say “There seems to be some misunderstanding of the law by those who suggest that there is provision for abortion on mental health grounds. This is certainly not the view of Criminal lawyers.”
 
The Minister for Health in his speech addressing the Assembly on Monday reiterated this view of the mental health ground and the effect of the Bourne case.
 
Mrs Higgins states “In my opinion the Ministers statement of the law on this matter is erroneous.”

The ACLI has undertaken to complete a review of the Criminal Law in the area of Abortion Law. The ACLI also look forward to the continued support of the American Catholic Lawyers Associstion.
 
“We were delighted at the support of Mr Christopher Ferrara, President and Chief Counsel of the American Catholic Lawyers Association. The ACLA have many great pro life victories under their belt”. Says Mrs Higgins.

After the Vote from left) Jeffrey Donaldson MP MLA [DUP], Dr Kieran Denney MLA [Independent], Bernadette Smyth, Pat Ramsey MLA [SDLP], Jim Wells MLA [DUP], Johanna Higgins Barrister, Moira Brennan

PRESS RELEASE REGARDING PRO LIFE MOTION, STORMONT, MONDAY 22ND OCTOBER

Association of Catholic Lawyers of Ireland

 

PRESS RELEASE

IRISH AND AMERICAN CATHOLIC LAWYERS ASSOCIATIONS SUPPORT PRO LIFE MOTION BEFORE STORMONT.

 

The newly formed Association of Catholic Lawyers in Ireland (ACLI) has written in support of the Pro Life motion tabled by Mr Jeffrey Donaldson and Mrs Iris Robinson.

Co-Signatories to the letter, which has been sent to various papers , are the American Catholic Lawyers Association (ACLU), a group which has much experience since 1990 in representing Pro Life litigants and defendants in America. .

Mrs Johanna Higgins, Barrister and co-founder of the ACLI says; “The group was formed mainly in response to the attempts to introduce abortion into our society by whatever means.”

Mrs Higgins further states “I have worked for some years on a charitable basis for pro life groups and wanted to formalise this work with the formation of the ACLI.”

“We were delighted to receive the support of Mr Christopher Ferrara on behalf of the ACLU which has some great pro life victories under its belt.”

Mrs Higgins has been advising Precious Life regarding the Draft Abortion Guidelines issued by the Department of Health. She has written a Briefing Paper on the Guidelines which lays out the main legal faults and concerns and consolidates a more detailed submission which was presented to the Department last April.

“It is of great concern that the Department of Health could have made such glaring errors in law and effectively produced guidance, which if implemented could lead to a very liberal interpretation of the law.”

“ We feel it is vitally important to support our MLAs who are standing forward on this issue and who are acting in the interests of justice for the unborn child.” stated Mrs Higgins.

The full text of the letter reads:

amdg+

Dear Sir,

With regard to the proposed parliamentary motion before the Northern Irish Assembly tabled by Mr Jeffrey Donaldson MLA MP and Mrs Iris Robinson MLA MP against the Draft Abortion Guidelines issued by the Department of Health we should like to make the following comments.

There exist in the North of Ireland two statutes which contain the two offences of Illegal Abortion and Child Destruction. These are serious Criminal offences both of which carry possible life sentences. It is our view that the Draft Guidelines put forward by the Department of Health misrepresent the legal position in this jurisdiction with regard to these offences. The effect of that misrepresentation will, in our opinion, lead to an increase in the deliberate abortion of unborn children. If these direct abortions are carried out as a result of misrepresentation, and are in fact illegal then , as with all criminal activity, there will have to be appropriate action taken against the perpetrators. Such is the magnitude of the task of explaining the law on this matter.

As lawyers we find it is our clear duty to stand against such wrongful interpretation of the law. Especially because in this case the law protects the most vulnerable in our society, the unborn child. It is an injustice to both the people of a country and to the rule of law itself to treat with contempt the true meaning of a statute.

Those of us who live in countries where we have had to sustain the moral horror of virtually freely accessible abortion due to, what is in our view, the corruption of social justice, have long held in high regard the people of the North and South of Ireland and their refusal to countenance liberal abortion.

We therefore wholeheartedly support the Pro Life motion tabled by Mr Jeffrey Donaldson and Mrs Iris Robinson and pray that it is successful and that the unborn remain protected, as was the intention of the persons who drafted the above laws in good faith.

Yours faithfully,

Mrs Johanna Higgins LLB, Barrister
Ms Geraldine Foley LLB, Barrister

Miss Karen McMillan LLB, Barrister
Association of Catholic Lawyers of Ireland

Mr Christopher A. Ferrara, J.D., Attorney

President and Chief Counsel American Catholics Lawyers Association, Inc.

United States

Association Of Catholic Lawyers of Ireland

Association of Catholic Lawyers of Ireland (ACLI) is dedicated to the principles of the Catholic Faith and maintaining a Catholic perspective in our professional lives.

We have formed this association in response to the growing need to defend the cultural and religious tradition of Ireland.

In particular the huge threat currently being mounted against the unborn child.

We are commited to our Catholic beliefs and plan to write and research, act and speak for those causes which pertain to the upholding of our countries values and history.


CLICK IMAGE BELOW FOR LATEST LEGAL BRIEFING PAPER ON ABORTION GUIDELINES ISSUED BY DHSSPSNI 2008

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CLICK IMAGE BELOW FOR 2007 LEGAL BRIEFING PAPER ON DRAFT ABORTION GUIDELINES ISSUED BY DHSSPSNI

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