Brick Court Chambers

Judicial review challenge to blood donation criteria in Northern Ireland

02/07/12

The permanent deferral criteria for blood donation in Northern Ireland applying to men who have had male-to-male sexual relations will be challenged by way of judicial review. Leave to bring the application was given by Mr Justice Treacy, the challenge being based, principally, on purported breaches of EU law and on the alleged irrationality of the purported decision taken by the NI Minister for Health, Social Services and Public Safety. The judge refused leave to proceed on alleged breaches of the ECHR on the basis that the applicant was not a "victim" and of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006.

BBC news coverage.

Margaret Gray appeared as junior counsel with the Attorney General for Northern Ireland on behalf of the Minister for and Department of Health, Social Services and Public Safety.