- Email: [email protected]
Conscientious Objection and Referral Letter for Abortion
893
might be a few hundred hard cases, but the Spastics Society puts the figure at up to 10 000. A second will be the young unemployed, about whom the advisory committee there
showed concern. A third will be the cut in housing benefit-in particular the rule that if you have L6000 in
savings you do not qualify at all. Tory MPs are themselves sensitive about this. What are old-age pensioners, who had been taught to think it a virtue to save, to make of the loss of their benefit because they have C6000 in the bank? Mrs Thatcher argues passionately that there would never be any reform without some losers. The changes are meant to redirect expenditure so that the disabled and low-income families with children are better off. Earlier work done by Norman Fowler and his team did suggest that pensioners were doing rather well and these groups badly. If you listen to the Prime Minister you are given the impression that 90% of these groups, and even pensioners, will prosper or at least not suffer as a result of the alterations. Rather more soberly the advisory committee estimates that nearly half of all pensioners will be worse off, but two-thirds of the disabled and sick will gain. The Social Fund, which replaces special payments for cookers, beds, and other necessities, with no-interest loans, will allow more discretion to deal with the really difficult cases-if Ministers are to be believed. Opposition parties maintain that it will mean widespread hardship for clients who will not be able to afford loans. Mr John Moore, the Social Services Secretary, Mr Nick Scott, the Social Security Minister, and Mr Michael Portillo, Mr Scott’s junior Minister, are rushing from television studio to broadcasting van to persuade the country that what they are doing is right. Nick Scott is one of the Government’s secret weapons. By reputation a "wet", close colleague of Lord Prior for many years, Scott is capable, if anyone is, of presenting the acceptable caring face of
Medicine and the Law Conscientious
Objection and Referral Letter for Abortion
A MEDICAL secretary refused on grounds of conscience to type a letter from a general practitioner referring a patient for possible termination of pregnancy. She was dismissed. She sought a declaration that she was entitled to rely on the right of conscientious objection provided by section 4(1) of the Abortion Act 1967. Her application was dismissed. On appeal her application was again rejected. Lord Justice Slade said that the protection afforded to those "participating in any treatment authorised by the Act" by s 4(1) applied to those whose acts were rendered lawful by section 1. That included those who carried out operations and also people who might participate in operations even though they were not required to be present in hospital when an operation was done. However, the secretary had merely been asked to type a letter of referral; she had not been asked to do anything which, but for the Act, would have been a criminal offence. She could not be said to have been asked to participate in a treatment authorised by the 1967 Act so she was not entitled to the protection afforded by section 4. Lord Justice Balcombe added that in his opinion a person could not participate in treatment authorised by the Act if he or she were not present in the hospital when the operation was done. Lord Justice Stocker agreed with Slade LJ. R v Salford Health Authority, ex parte Janaway. Court of Appeal: Balcombe and Stocker L_77. Dec 18, 1987.
DIANA BRAHAMS, Barrister-at-law
International
capitalism. But the problem is similar to that which the Government has encountered over the National Health Service. Ministers can protest until they are purple in the face that more money is being spent on the NHS, but the public reads of wards closing in their local hospital. Ministers can now protest again that they are spending more on social security. It is nevertheless hardship that will stick in the memory. A stiff-necked Prime Minister aggravated the Government’s weakness over NHS financing by insisting that she would not commit the Government in advance to meeting the whole of the nurses’ pay award and there would be no extra money for other things in the NHS-when she knew perfectly well both these things will happen. The doctors’ and dentists’ pay review report has already arrived in Downing Street and the report on the nurses and other groups should not be far behind. The charge this time is more likely to be that she failed to back Moore and Scott when they first took over the job and did not ask the Treasury for additional funds to make what they were doing more
acceptable.
If it does emerge that the Government has been parsimonious at exactly the same time as it has given tax hand-outs in the budget, then real damage will have been done to the Tory image. It may not matter greatly at this moment when apparent economic success is keeping the Conservative lead in the polls, but it will if the economy falters or confidence is shaken in another way. Douglas Hurd knows this.
JOHN LEWIS
Slade,
Diary
1988
Symposium and congress on Psychiatry in a Changing WorldTowards the Year 2000: Sydney, Australia, May 1-6 (Conference Associates, 335 Moray Street, South Melbourne, Victoria 3205, Australia). XXIXes joumees annuelles de Diabetotogie de l’Hôtel-Dieu: Paris, France, May 5-7 (Dr Michel Rathery, Secretaire General, I’Hotel-Dieu, 1 place du Parvis-Notre-Dame, 75181 Paris Cedex 04). 27th annual scientific meeting of the International Medical Society of 10-12 (Meeting Secretariat, Box 40, West Perth 6005,
Paraplegia: Perth, Western Australia, May Mrs Jenny Dyer, Motive Conventions, PO Australia).
International seminar on Challenging Issues in Bioethics: Venice, San Servolo Island, May 12-13 (Fondazione Intemazionale Premio E. Balzan"Premio", Piazzetta U. Giordano 4, Milano, Italy). 4th annual meeting on Current Issues in Anatomic Pathology 1988: San Francisco, CA, May 26--27 (Extended Programs in Medical Education, Room 569-U, School of Medicine, University of California, San Francisco, California 94143, USA). 8th world congress of International Physicians for the Prevention of Nuclear War: Montreal, Canada, June 2-6 (IPPNW 8th World Congress, GEMS Conference Services, PO Box 367, Snowdon Station, Montreal, Quebec, Canada H3X 3T6). International conference
on
Oxford Knee: Oxford, UK, June 23-24 Industrial Estate, Bndgend, South
(Peter Selby, Biomet Limited, Waterton Glamorgan CF31 3YN, UK).
International symposium on Inflammatory Heart Disease-a Multidisciplinary Approach to Myocarditis and Heart Allograft Rejection: Snowmass, Colorado, July 27-31 (Ms Marge Adey, Center for Continuing Education, University of Nebraska Medical Center, 42nd Street and Dewey Avenue, Omaha, Nebraska 68105, USA).
might be a few hundred hard cases, but the Spastics Society puts the figure at up to 10 000. A second will be the young unemployed, about whom the advisory committee there
showed concern. A third will be the cut in housing benefit-in particular the rule that if you have L6000 in
savings you do not qualify at all. Tory MPs are themselves sensitive about this. What are old-age pensioners, who had been taught to think it a virtue to save, to make of the loss of their benefit because they have C6000 in the bank? Mrs Thatcher argues passionately that there would never be any reform without some losers. The changes are meant to redirect expenditure so that the disabled and low-income families with children are better off. Earlier work done by Norman Fowler and his team did suggest that pensioners were doing rather well and these groups badly. If you listen to the Prime Minister you are given the impression that 90% of these groups, and even pensioners, will prosper or at least not suffer as a result of the alterations. Rather more soberly the advisory committee estimates that nearly half of all pensioners will be worse off, but two-thirds of the disabled and sick will gain. The Social Fund, which replaces special payments for cookers, beds, and other necessities, with no-interest loans, will allow more discretion to deal with the really difficult cases-if Ministers are to be believed. Opposition parties maintain that it will mean widespread hardship for clients who will not be able to afford loans. Mr John Moore, the Social Services Secretary, Mr Nick Scott, the Social Security Minister, and Mr Michael Portillo, Mr Scott’s junior Minister, are rushing from television studio to broadcasting van to persuade the country that what they are doing is right. Nick Scott is one of the Government’s secret weapons. By reputation a "wet", close colleague of Lord Prior for many years, Scott is capable, if anyone is, of presenting the acceptable caring face of
Medicine and the Law Conscientious
Objection and Referral Letter for Abortion
A MEDICAL secretary refused on grounds of conscience to type a letter from a general practitioner referring a patient for possible termination of pregnancy. She was dismissed. She sought a declaration that she was entitled to rely on the right of conscientious objection provided by section 4(1) of the Abortion Act 1967. Her application was dismissed. On appeal her application was again rejected. Lord Justice Slade said that the protection afforded to those "participating in any treatment authorised by the Act" by s 4(1) applied to those whose acts were rendered lawful by section 1. That included those who carried out operations and also people who might participate in operations even though they were not required to be present in hospital when an operation was done. However, the secretary had merely been asked to type a letter of referral; she had not been asked to do anything which, but for the Act, would have been a criminal offence. She could not be said to have been asked to participate in a treatment authorised by the 1967 Act so she was not entitled to the protection afforded by section 4. Lord Justice Balcombe added that in his opinion a person could not participate in treatment authorised by the Act if he or she were not present in the hospital when the operation was done. Lord Justice Stocker agreed with Slade LJ. R v Salford Health Authority, ex parte Janaway. Court of Appeal: Balcombe and Stocker L_77. Dec 18, 1987.
DIANA BRAHAMS, Barrister-at-law
International
capitalism. But the problem is similar to that which the Government has encountered over the National Health Service. Ministers can protest until they are purple in the face that more money is being spent on the NHS, but the public reads of wards closing in their local hospital. Ministers can now protest again that they are spending more on social security. It is nevertheless hardship that will stick in the memory. A stiff-necked Prime Minister aggravated the Government’s weakness over NHS financing by insisting that she would not commit the Government in advance to meeting the whole of the nurses’ pay award and there would be no extra money for other things in the NHS-when she knew perfectly well both these things will happen. The doctors’ and dentists’ pay review report has already arrived in Downing Street and the report on the nurses and other groups should not be far behind. The charge this time is more likely to be that she failed to back Moore and Scott when they first took over the job and did not ask the Treasury for additional funds to make what they were doing more
acceptable.
If it does emerge that the Government has been parsimonious at exactly the same time as it has given tax hand-outs in the budget, then real damage will have been done to the Tory image. It may not matter greatly at this moment when apparent economic success is keeping the Conservative lead in the polls, but it will if the economy falters or confidence is shaken in another way. Douglas Hurd knows this.
JOHN LEWIS
Slade,
Diary
1988
Symposium and congress on Psychiatry in a Changing WorldTowards the Year 2000: Sydney, Australia, May 1-6 (Conference Associates, 335 Moray Street, South Melbourne, Victoria 3205, Australia). XXIXes joumees annuelles de Diabetotogie de l’Hôtel-Dieu: Paris, France, May 5-7 (Dr Michel Rathery, Secretaire General, I’Hotel-Dieu, 1 place du Parvis-Notre-Dame, 75181 Paris Cedex 04). 27th annual scientific meeting of the International Medical Society of 10-12 (Meeting Secretariat, Box 40, West Perth 6005,
Paraplegia: Perth, Western Australia, May Mrs Jenny Dyer, Motive Conventions, PO Australia).
International seminar on Challenging Issues in Bioethics: Venice, San Servolo Island, May 12-13 (Fondazione Intemazionale Premio E. Balzan"Premio", Piazzetta U. Giordano 4, Milano, Italy). 4th annual meeting on Current Issues in Anatomic Pathology 1988: San Francisco, CA, May 26--27 (Extended Programs in Medical Education, Room 569-U, School of Medicine, University of California, San Francisco, California 94143, USA). 8th world congress of International Physicians for the Prevention of Nuclear War: Montreal, Canada, June 2-6 (IPPNW 8th World Congress, GEMS Conference Services, PO Box 367, Snowdon Station, Montreal, Quebec, Canada H3X 3T6). International conference
on
Oxford Knee: Oxford, UK, June 23-24 Industrial Estate, Bndgend, South
(Peter Selby, Biomet Limited, Waterton Glamorgan CF31 3YN, UK).
International symposium on Inflammatory Heart Disease-a Multidisciplinary Approach to Myocarditis and Heart Allograft Rejection: Snowmass, Colorado, July 27-31 (Ms Marge Adey, Center for Continuing Education, University of Nebraska Medical Center, 42nd Street and Dewey Avenue, Omaha, Nebraska 68105, USA).