Scottish Catholic Observer

The government had challenged an information tribunal decision but the latest ruling means that data on late abortions must now be disclosed. The court case follows an application by the ProLife Alliance (PLA), for the publication of all data on abortion in England and Wales. The DoH is considering whether to appeal against the ruling.

“The department will now consider the implications of this judgment and the options available,” it said in a statement.

Speaking outside the High Court, Josephine Quintavalle of the ProLife Alliance said: “The resistance of the Department of Health is extraordinary.”

The case dates back nearly a decade, to the release of statistics on late abortions carried out in 2001.

Abortion on what is called ‘social’ grounds is only legal in the first 24 weeks of pregnancy.

But the 1967 Abortion Act makes it legal to abort a foetus right up to birth if there is a substantial risk of ‘serious’ physical or mental abnormality. Up until 2003 the DoH published statistics on these late abortions, even when only one or two cases were involved.

The publication of the figures in 2002 sparked an outcry when it became clear that one termination was carried out on a baby with a cleft lip and palate. Critics argued that a relatively simple surgical procedure can now repair cleft palates, and anti-abortion groups argued the rules were being flouted to weed out ‘less than perfect’ babies.

Reflecting that concern, the DoH had already decided in 2003 it would no longer reveal detailed information on late abortions where the number of terminations involving certain medical conditions was less than 10.

The decision affected England and Wales, but it is also the practice in Scotland.

In 2005 the PLA used the Freedom of Information Act to request the full statistics on abortions for 2003.

When the DoH refused, the information commissioner backed the PLA request, as did the Information Tribunal.

Eventually the case led to the High Court where the DoH has been trying to get the Information Tribunal decision overturned.