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UK Information Tribunal Orders Government to Make Late Term Abortion Data Public

By Thaddeus M. Baklinski

LONDON, October 16, 2009 (LifeSiteNews.com) - The UK's Pro-Life Alliance (PLA) announced a victory today for full disclosure of abortion statistics beyond 24 weeks gestation, after the Information Tribunal ruled against the Department of Health (DoH), which had refused to release the data.

The Information Commissioner had earlier ordered the release of the figures requested by the Pro-Life Alliance. But the DoH resisted the move, claiming that the data could lead to women who have late abortions being identified. DoH lawyers argued that the information was "sensitive, personal and private."

In question was data on mothers who obtain late-term abortions because their unborn babies have been diagnosed with conditions such as a cleft lip or club foot, which are easily corrected by surgery and are not considered serious abnormalities.

Abortion is legal in the UK for any reason up to 24 weeks of pregnancy. However, "Ground E" of the 1967 Abortion Act makes it legal to abort a child right up to birth if there is a substantial risk of "serious physical or mental abnormality." Pro-life activists, however, have argued that this clause has been given an overly broad interpretation, resulting in the deaths of largely healthy unborn babies with minor abnormalities.

The Information Tribunal ruling took into account the fact that the suppression of data relating to late-term abortion could cover up illegal abortions. "Most significantly," said the Decision Notice, "the Tribunal expressed concern that 'there did not seem to be a mechanism for rigorous scrutiny of the [abortion referral] forms to ensure compliance with the Act.'"

Late-term abortion statistics had been suppressed by public health officials after a public outcry following the 2001 abortion of a child with a cleft palate at 28 weeks gestation. The legality of this late abortion was challenged by a Church of England curate, Joanna Jepson, who was born with a congenital jaw defect.

The last year for which late-term abortion data were fully available, 2002, showed that five children were aborted because they had deformed feet, and a sixth because of a cleft lip and palate. In 2000 and 2001, nine children were aborted because of cleft lip and palate, while a further two were aborted for cleft lip alone, according to a Daily Telegraph report.

The Tribunal also ruled that disclosure of the data would not contravene the Data Protection Principles and that the DOH was wrong to withhold the disputed information.

"The Tribunal is satisfied that disclosure would not contravene the Data Protection Principles and would not be in breach of the Abortion Regulations 1991 … By failing to disclose the disputed information, the DoH has breached section 1 FOIA [Freedom of Information Act]," the Decision Notice states.

"We are of course delighted with this extremely acute judgment," said Julianna Tolan speaking on behalf of the Pro-Life Alliance.

"This is a straightforward judgment which maintains the principles that statistics do not constitute personal data, that abortion is a serious procedure and that transparency is necessary to satisfy legitimate public interest in this controversial medical practice."

Ann Widdecombe, the former Shadow Health Secretary, who was among those who gave evidence to challenge the DoH's attempts to withhold the data, told The Daily Telegraph: "I am delighted with the ruling and I hope the Government complies quickly with it. I suspect the emerging picture for late abortion figures will be very worrying."

"We look forward to receiving the missing abortion details from 2003 onwards, which the DOH must provide by mid November," Tolan concluded.

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