Man's gay blood court challenge now '˜academic'

His lawyers petitioned the Supreme Court after former Health Minister Edwin Poots won his appeal against findings that the prohibition was irrational and infected by apparent bias.

But with the lifetime ban now replaced by a one-year deferral system, permission to take the case to London has been refused because it has been rendered academic.

In a newly issued decision, the Supreme Court said the application did not raise an arguable point of law of general public importance worthy of further consideration.

It marks the end of a four-year legal battle over blood donations from gay men in Northern Ireland.

The ban, put in place during the 1980s AIDS threat, was lifted in England, Scotland and Wales in November 2011.

It was replaced by new rules which allow blood from men whose last sexual contact with another man was more than a year ago.

Mr Poots was taken to court after he maintained the prohibition in Northern Ireland on the basis of ensuring public safety.

Findings were originally made against him in a judicial review sought by the homosexual man granted anonymity and referred to as JR65.

A High Court judge held that the DUP MLA did not have the power to keep the lifetime ban.

Challenges to the verdict were continued by his DUP ministerial successors and the Health Secretary Jeremy Hunt.

In March this year the Court of Appeal in Belfast decided there was no basis for concluding that Mr Poots’ decision was predetermined by his Christian beliefs.

Judges concluded by a 2-1 majority that the maintenance of the prohibition was not disproportionate or contrary to EU law.

They further ruled that it was up to Stormont, rather than the Health Secretary, to decide when gay men can give blood.

In September the lifetime ban was lifted, with a new policy to bring Northern Ireland into line with England, Scotland and Wales.

The move, announced by the current Sinn Fein Health Minister Michelle O’Neill, means men whose last sexual contact with another man was more than 12 months ago can donate blood so long as they meet the other criteria.

Following that development the Supreme Court confirmed JR65’s application for permission to appeal had been refused.

An order setting out reasons stated: “The matter is now academic.”