News from Ireland about Abortion

MOJ-friend Gerry Whyte writes:  "The abortion issue has raised its head again here in Ireland. Yesterday a 17 year old girl in the care of the State applied to the High Court for permission to travel to the UK to terminate her pregnancy, having recently discovered that her foetus suffers from anencephaly and will not survive for more than 2-3 days after birth."  Here is a brief news report from RTE, dated May 1:

The High Court is due to hear on Thursday a challenge by a 17-year-old girl against a Health Service Executive decision to stop her leaving the State for an abortion.  The 17-year-old, who has been told that her child cannot survive outside the womb, has been in the care of the HSE since February.  Known as Ms D, she is four months pregnant and wants to travel to the UK for a termination.  The decision was made when the teenager discovered the baby she is carrying is suffering from a condition which is causing its brain not to develop properly. She has been told that the child will only live a very short time, if at all, after its born.  The HSE is refusing to allow her to leave the country.  MS D is challenging the court order placing her in care, in so far as it restricts her leaving the State.  She is also asking the High Court to overrule the HSE's decision to ask gardaí to stop her.  And she is challenging the HSE's decision to refuse to let her travel to terminate the pregnancy unless there was a risk she would commit suicide.

Lawyers for the 17-year-old girl told the High Court today it was of great importance this case be heard as speedily as possible.  Gerard Durkan, senior counsel for the HSE, said the HSE was anxious that whatever course of action best secured the girl's welfare should be taken, having regard to legal constraints.  Donal O'Donnell, senior counsel for the Attorney General said it was the AG's position that the HSE had no power to direct the gardaí to restrain someone who is the subject of a care order from travelling abroad.  He said gardaí did not have the power to stop someone travelling simply because they were the subject of a care order and he said it was the AG's position that the district court order relating to Ms D did not stop her travelling anywhere.  In response to a request from the HSE to have the girl psychiatrically examined, the court was told that she was not suicidal.  She had said it 'would kill her' to go through with the pregnancy but she said this meant that it would be hugely difficult for her.

A full hearing of the case will take place on Thursday.

Should we want the law to ban abortions in cases like this?  Why/why not?