Midwives to appeal after losing legal bid

Two Catholic midwives who lost a legal bid challenging a health board’s decision that they were not entitled to refuse to delegate, supervise or support staff involved in abortion procedures have launched an appeal against the decision.

Mary Doogan, 57, and Concepta Wood, 51, said that, as conscientious objectors, they are entitled to refuse to delegate, supervise and support staff taking part in abortions or providing care to patients during the process.

They argued that being required to supervise staff involved in abortions is a violation of their human rights and took their case against NHS Greater Glasgow and Clyde to the Court of Session in Edinburgh.

They said the health board decision breached their rights under Article 9 of the European Convention on Human Rights (ECHR), guaranteeing the right to freedom of religion.

But, in February, a judge ruled the midwives did not have direct involvement in the procedure to which they object.

Lady Smith said it was not shown that their Article 9 rights were being interfered with. She said the midwives had agreed to take up the roles of labour ward co-ordinators, although they now took objection to the “job content”.

The judge said: “Nothing they have to do as part of their duties terminates a woman’s pregnancy.

“They are sufficiently removed from direct involvement as, it seems to me, to afford appropriate respect for and accommodation of their beliefs.

“Further, they knowingly accepted that these duties were to be part of their job.”

The costs of the Glasgow midwives’ legal action are being underwritten by the Society for the Protection of Unborn Children (SPUC).

SPUC said that a preliminary hearing in the appeal will take place at the Court of Session on 27 July, with a further hearing expected early next year.