The Impartiality of Judge Brought Into Question

A judge presiding over the appeal of Claire Brennan, the first individual convicted under Northern Ireland’s abortion clinic censorship zone law, has been reported due to serious concerns over judicial impartiality.

Deputy County Court Judge Ciaran Moynagh, who heard Mrs Brennan’s appeal last Tuesday (2 September), was previously honoured as Humanist of the Year by Humanists UK for his activism in support of abortion rights. His extensive public campaigning has led to urgent calls for his recusal and a review of the case.

Mrs. Brennan, supported by the Christian Legal Centre, has lodged a formal complaint with the Lady Chief Justice’s Office through the Judicial Complaints System.

The complaint cites rules stating that judges must recuse themselves if their public activism creates a perception of bias in the eyes of a fair-minded and informed observer. “Failure to recuse when impartiality might reasonably be questioned undermines public confidence in the judiciary,” said a spokesperson for the Christian Legal Centre.

Judge Moynagh’s activist background includes:

• Receiving the Humanist of the Year award in 2018 for campaigning on abortion and humanist marriage rights.

• Representing a mother denied an abortion in Northern Ireland, supported by Amnesty International.

• Publicly criticising the criminalisation of abortion pills.

• Representing a same sex couple in the Ashers Bakery case, who sued a Christian couple for declining to bake a cake with a pro-gay marriage slogan.

Judge Moynagh has characterised his legal work as "challenging the status quo" regarding abortion, same-sex marriage, and transgender rights.

Claire Brennan, a mother of four, was arrested in October 2023 for reciting the Lord’s Prayer and holding a sign reading “Pray to End Abortion” outside Causeway Hospital in Coleraine. Her peaceful prayer took place within a designated “Safe Access Zone” under the Abortion Services (Safe Access Zones) Act (Northern Ireland) 2023, which criminalises any act deemed to “influence” individuals within 150 metres of an abortion clinic.

A video of her arrest shows her kneeling in prayer with rosary beads while police speak to her, emphasising the peaceful nature of her actions. Adding to the controversy, it is believed that the hospital chapel may be within the censorship zone, raising further questions about the scope and enforcement of the legislation.

Judge Moynagh’s appointment was announced earlier this month by Phoenix Law, where he was previously a partner. The article about his appointment highlights his involvement in abortion rights cases. Mrs Brennan’s case appears to be his first sitting in this new role. His judgment was expected at 10.30am on Tuesday 16 September at Ballymena Court.

Claire Brennan said:

“I was shocked and deeply concerned to learn about Judge Moynagh’s background in abortion activism. Every person deserves a fair trial, especially in a case as sensitive and significant as this. The public must have confidence that justice is being administered impartially, not influenced by extreme ideological views.
I am calling for the highest level of scrutiny into Judge Moynagh’s involvement in my case. No one should be tried by a judge who has openly campaigned on the very issue at the heart of the proceedings.

I took a peaceful stand outside Causeway Hospital to pray for the unborn and to defend the freedom of Christians to express their faith in public. These censorship zones are a dangerous overreach that criminalise compassion and silence prayer. I am challenging this law not just for myself, but for the protection of the unborn and for the future of religious freedom in Northern Ireland.”

Andrea Williams, Chief Executive of the Christian Legal Centre, said:

“Justice must be seen to be done. Judicial impartiality is the bedrock of a fair society, yet we now face a situation where an openly pro-abortion activist, Judge Ciaran Moynagh, presided over a case involving the censorship of prayer outside an abortion facility. Judge Moynagh should have recused himself immediately.

“The censorship zones themselves are a chilling assault on freedom of speech, freedom of religion, and the right to peaceful protest. They criminalise compassion and silence dissent. Claire Brennan’s arrest for simply praying the Lord’s Prayer is a stark warning of where we are headed.

“The unborn are part of the human race and the most vulnerable in our society. Good and moral law should protect them.

“Since the law changed in Northern Ireland, the number of deaths by abortions has surged. This is not progress it is regression. We stand with Claire as she fights for justice, not just for herself, but for our unborn children and for the freedoms of every citizen in the UK.”