The Supreme Court has rejected the case of two midwives who refused to be involved with abortion procedures.
Last year, at the Court of Session, Concepta Wood and Mary Doogan won the right to refuse to assist with abortions on conscientious grounds at any point in the procedure.
But NHS Greater Glasgow and Clyde (GGC) appealed the case and the Supreme Court ruled this morning in favour of the trust.
Mary Doogan and Connie Wood, the midwives in the case, commented on the judgment: “We are both saddened and extremely disappointed with today’s verdict from the Supreme Court and can only imagine the subsequent detrimental consequences that will result from today’s decision on staff of conscience throughout the UK.
“Despite it having been recognised that the number of abortions on the labour ward at our hospital is in fact a tiny percentage of the workload, which in turn could allow the accommodation of conscientious objection with minimal effort, this judgment, with its constraints and narrow interpretation, has resulted in the provision of a conscience clause which now in practice is meaningless for senior midwives on a labour ward.”
The Society for the Protection of Unborn Children (SPUC) which paid the midwives’ legal expenses throughout the case has said that senior midwives who refuse to participate in abortions could be forced to leave the profession.
Paul Tully, general secretary of SPUC, said: “The Society for the Protection of Unborn Children acknowledges the great debt that the whole pro-life community owes to Mary Doogan and Connie Wood for fighting this battle over the past seven years. They have fought not only for their own careers, but for all current and future members of the profession who uphold the right to life of everyone, from the time of conception, without discrimination. We are bitterly disappointed for them.
“Today’s decision sadly makes it likely that senior midwives who refuse to kill babies will be forced to leave the profession. Junior midwives might still be able to work in labour wards where abortions are performed but they will be restricted to ‘staff midwife’ status at best. They could easily be placed in an impossible situation by pro-abortion superiors, and would be unable to receive promotion to a more senior role without fear of being required to violate their consciences. This will affect anyone who objects to abortion, of any religion or none. It will create a second-class status in midwifery for those who only deliver babies and don’t kill them.
“Furthermore, the court has used the opportunity of this case to decide that the conscience clause in the Abortion Act does not apply to general practitioners and that hospital doctors asked to prescribe abortion drugs will not be covered by the conscience clause. We anticipate that this will lead to renewed efforts by health officials to force doctors who have a conscientious objection to abortion either to compromise their respect for human life or to leave the profession. SPUC will support and encourage doctors to resist any such bullying approach.
“The pro-abortion lobby has long argued that conscientious objectors should be required to refer women seeking legal abortion to other practitioners. Bodies such as the Department of Health have qualified this by saying that this only applies when the statutory grounds for a legal abortion apply, but the Supreme Court has said that any medical professional who refuses to provide an abortion should arrange for a referral to someone else who will do so. This seems to go far beyond the scope of the Abortion Act, and furthermore is not even an issue there was any need for the Court to decide in this case.
“The Court has nevertheless said that midwives and doctors with conscientious objections are obliged to refer abortion patients to colleagues who don’t object to abortion. This goes further than the General Medical Council, for instance, whose current guidance Personal Belief and Medical Practice says that doctors should refer patients to another doctor, but does not require them to check their colleague’s pro-abortion credentials.”
Mrs Wood, from Clarkston in East Renfrewshire and Ms Doogan, from Garrowhill in Glasgow, were employed as labour ward co-ordinators at the Southern General Hospital in Glasgow.
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