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On Friday, the High Court ruled that
a gay man can challenge Northern Ireland’s lifetime ban on blood donations by
men who have sex with men. The plaintiff, who was granted anonymity, wants
Northern Ireland to adopt the blood donation policy used in other parts of the
United Kingdom.
During the 1980s, the UK responded
to AIDS by enacting a lifetime ban on gay men donating blood. This policy was
amended last November in England, Scotland, and Wales to allow donations by gay
men who are homosexually celibate for at least one year. However, Northern
Ireland Health Minister Edwin Poots has maintained the lifetime ban, citing
public safety.
Papers submitted to support judicial
review argue the minister has no legal basis for his position; the policy
should be decided by the secretary of state for health rather than devolved to
Northern Ireland; Northern Ireland already accepts blood products from the UK
where the one-year deferral is in effect; and the minister’s position could be
affected by bias.
Attorney General John Larkin,
arguing for the minister and the department, said Poots is entitled to act as
he has. Moreover, the court was told the applicant for review has not remained
abstinent and so would not even be eligible for donating blood under a one-year
deferral.
The High Court granted review on
points about alleged irrationality and compliance with EU law. The case is
listed for a full two-day hearing in December.
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
