News Courts

Sunday 4 December 2016

Report on Ms Y birth controversy is quashed

Tim Healy

Published 04/11/2015 | 02:30

A High Court challenge, brought by the woman at the centre of an abortion controversy last year and aimed at stopping a HSE inquiry into the care provided to her by various State agencies, has been struck out
A High Court challenge, brought by the woman at the centre of an abortion controversy last year and aimed at stopping a HSE inquiry into the care provided to her by various State agencies, has been struck out

A High Court challenge, brought by the woman at the centre of an abortion controversy last year and aimed at stopping a HSE inquiry into the care provided to her by various State agencies, has been struck out.

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Ms Y feels "vindicated" in her refusal to accept a draft report or any of its findings, according to a statement last night.

But she will be continuing a separate case for damages.

Ms Y is an asylum seeker who arrived in Ireland in early 2014.

She had been raped in her home country and was pregnant. She sought an abortion on the grounds of feeling suicidal.

Despite seeing a number of agencies, the pregnancy was well advanced by the time her case was assessed.

She had a caesarean section, and the child was placed in care.

As a result a HSE inquiry was set up, which in High Court proceedings against the HSE she had opposed.

The action was due to start yesterday, but following talks High Court president, Mr Justice Nicholas Kearns was told the matter could be struck out.

Ms Y's representatives said afterwards that the HSE had effectively agreed "to quash a draft report" complied after an inquiry was established to examine the response of the State and other agencies in the case.

In the statement issued on Ms Y's behalf, it was stated the HSE confirmed it will not publish, circulate within the HSE, or disclose to any third party the draft report into her care.

It will never be used in a manner that infringes her legal rights. The report was now "entirely redundant".

Irish Independent

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