The High Court in Belfast yesterday heard a claim that the Department of Health's approach to abortion in Northern Ireland was "not unlike Nelson at the battle of Copenhagen when he uses his blind eye".
Lord Lester, QC for the Family Planning Association, referred to "the culture of blame and secrecy" which had developed in relation to the abortion issue.
The FPA is appealing against the dismissal by Mr Justice Kerr (now the Lord Chief Justice) of a judicial review last July, and is seeking an order for the department to publish guidelines on when abortions can be performed in the North under existing law.
At present abortion is allowed only when the expectant mother's life is in danger or when there is a serious long-term threat to her mental or physical health.
Outside the High Court Father Jim Morrow, a Catholic priest from Scotland, who has campaigned against abortion since 1967, led campaigners from the Precious Life group in prayer.
Precious Life, the SPUC (Society for the Protection of the Unborn Child), the Northern Catholic Bishops, and Life (Northern Ireland) were given leave to be "interveners" taking part in the legal appeal.
Opening the FPA's case in the Appeal Court, Lord Lester contended the Department of Health had a duty to minimise the inequality of women. Access to health and social care services should be available to all, he said. In adopting the blind-eye approach the department was in breach of the principles governing legislation.
Doctors were uncertain of the exact nature of the guidelines to allow abortion in Northern Ireland, he said, and many believed wrongly that it was illegal.
Ninety-five per cent of Northern Irish women who wanted terminations (1,430 in 1999) had to travel to Britain, and there were cases of illegal abortions in the North.
A termination service should be available just as much as a cancer or heart disease service, he said. Those women who travelled to Britain for an abortion were being denied any aftercare and had to pay for their own terminations.
"Women have to travel to England, often alone because of the additional cost of bringing a friend or partner, adding to the stress or emotional turmoil which an operation of this kind can bring," said Lord Lester. "Yet they receive no counselling in England or on their return. The inevitable delay means Northern Ireland women have their terminations later with consequent health risks."
The FPA is seeking to get the Department of Health to say what the health risks and needs of women are, given that political considerations excluded legislation, he said.
Ms Audrey Simpson of the FPA said before going into court that the association's aim was not to change the law but to have guidelines issued to prevent inequality towards Northern women. Often their ability to obtain an abortion depended on which part of the North they lived in.
But Mr Liam Gibson of SPUC said before the case that the guidelines were clear, and that the FPA was trying to have a more liberal law introduced, although there was no public or political support for it.
The case is expected to last three days.