NI abortion: Judges consider NHS England appeal

A barrister said 2,000 NI women and girls travelled to England

The Court of Appeal has reserved judgement on a challenge by a young woman and her mother to a ruling that prevents women from Northern Ireland having free NHS abortions in England.

Three appeal judges said they would take time to consider their decision.

The court heard the case is significant as 2,000 women and girls travel to England for terminations every year.

Unlike the rest of the UK, abortion is only allowed in very restricted circumstances in Northern Ireland.

The 18-year-old woman was aged 15 when she made the journey in October 2012 with her mother.

'Human rights issues'

She was told she had to pay hundreds of pounds for a private termination because she was excluded from free abortion services.

The teenager and her mother took their case to the High Court in London last year.

However, in May 2014, the judge ruled that Northern Ireland women were not entitled to free NHS abortions in England.

In his ruling, the judge said that devolutionary powers have to be taken into consideration.

As Northern Ireland is not covered by the 1967 Abortion Act, which applies in the rest of the UK, the judge ruled this was not a discrimination issue.

A barrister for the two women, known only as A and B to protect their identity, argued their appeal should be allowed because the High Court decision was legally flawed in a number of respects, and errors had been made on human rights issues.

Charity funds

Backed by the Alliance for Choice organisation, which campaigns to extend legal abortion to Northern Ireland, he said the current situation was causing desperation and stress for the women and girls involved.

The barrister said A had travelled to England with her mother and had a termination at a private clinic at the substantial cost of £900 because she was excluded from the NHS.

He said they were a low income family who paid for the operation because of funds provided by a charity.

"We are looking at UK citizens who are in a position they should not find themselves in," he said.