Archbishop criticises court ruling which allows for abortion

The Archbishop of Dublin, Dr Desmond Connell, has strongly criticised yesterday's High Court ruling which allows the 13-year-…

The Archbishop of Dublin, Dr Desmond Connell, has strongly criticised yesterday's High Court ruling which allows the 13-year-old pregnant rape victim to travel to England for an abortion.

Dr Connell said he had many concerns about the decision which had saddened him greatly.

In an article in today's Irish Independent, the Archbishop said he had deep reservations about "the re-affirmation by the courts of the notion that there are circumstances where abortion is medically justifiable".

He said the rights of the unborn child in Ireland were now very vulnerable.

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The High Court had earlier rejected an appeal by the girl's parents against a Children's Court decision allowing her to travel to England for an abortion.

Last night, it appeared that the father's supporters would today try to persuade him not to appeal to the Supreme Court.

Ms Niamh Nic Mhathuna, a spokeswoman for Youth Defence, said: "As far as I know, there is not going to be any appeal. The next few days will clarify it completely." The father will today meet the Youth Defence legal team which represented him and his wife in the High Court action.

However, the Eastern Health Board is expected to wait until Monday before making arrangements for the girl to travel to Britain.

Some 21 days would normally be allowed for appeals to be lodged in the Supreme Court, but because of the urgency surrounding the girl's situation, the board hopes that formal confirmation of the position can be obtained on Monday.

If there is no appeal, the EHB will then make arrangements for staff to accompany the girl to Britain for the abortion. The board will also be required to pay for it, given that she is under its care.

The freedom for the girl to travel to Britain for an abortion was upheld by Mr Justice Geoghegan in a 24-page written judgment delivered yesterday. He said that on reading the evidence of a Children's Court hearing on the case, he failed to see how any judge could have avoided the conclusion "that as a matter of probability there was a real and substantial risk to the life, as distinct from the health of C [the girl], which could only be avoided by the termination of her pregnancy".

Meanwhile, it is understood the Attorney General, Mr Byrne, who was represented by two legal teams in the High Court, has taken the decision not to lodge an appeal because, in his opinion, the judgment does not alter the principles decided in the X case as to the circumstances in which a pregnancy may lawfully be terminated.

Mr Byrne was satisfied that he had ensured that the arguments in defence of the constitutionality of statute law, as well as the arguments in defence of the unborn, were fully presented to the court.

Ms Nic Mhathuna said yesterday's ruling was "a tragedy for Ireland, for this girl and for her baby". She said the organisation planned to make money available for post-abortion counselling for the girl if she needed it.

In his judgment, Mr Justice Geoghegan said he did not think the constitutional amendment which followed the X case in the Supreme Court was intended to give some new substantial right. "Rather, it was intended to prevent injunctions against travel or having an abortion abroad."

He said: "The amended Constitution does not now confer a right to abortion outside of Ireland. It merely prevents injunctions against travelling for that purpose."

Geraldine Kennedy

Geraldine Kennedy

Geraldine Kennedy was editor of The Irish Times from 2002 to 2011