May 2014

You may recall the Judicial Review case concerning Northern Ireland’s lifetime ban on gay men giving blood that was covered in our October 2013 Update. 

The Court held that the Northern Ireland Health Minister’s decision to retain the permanent ban on gay men giving blood was ‘irrational’.  He also ruled that the decision to retain the ban should not have been dealt with at Stormont, insisting it was a reserved matter and the responsibility of UK Health Secretary Jeremy Hunt.

The Marriage (Same Sex Couples) Act 2013 came into force in England and Wales last July but it was not until 13th March 2014 that couples were able to register their intention to marry under the Act for the first time.  The first same-sex marriages took place on 29^th March 2014.  The Prime Minister hailed the introduction of gay marriages in England and Wales as “historic” and offered his “…best wishes to those about to be (married) on this historic day”.Scotland has followed suit with same-sex marriages expected to occur this Autumn. 

The High Court of Northern Ireland has allowed a Judicial Review action by a mother against a decision of the Northern Health and Social Care Trust (“the Trust”) to remove her child and place her into foster care. 
In April 2013 the Trust exercised its powers under Article 52 of the Children (NI) Order 1995 to remove the child (“X”) from her mother’s care placing her with foster carers. 

The debacle over the Ministry of Justice’s plans to slice £215m out of England and Wales’ annual legal aid budget continues.  Criminal solicitors and probation officers staged a two day walk out on 30^th March and 1^st April.  The combined demonstration’s aim was to bring the criminal justice system in magistrates and crown courts across England and Wales to a standstill.