British Section of the World Federation of Doctors Who Respect Human Life

And in a pointed criticism of the Government's failure to address the legal status of the unborn, the judge said it was for the Oireachtas, not judges, to decide on key issues such as the question of when life begins.

He castigated the Government for its failure to regulate assisted human reproduction.

In a 26-page ruling, Judge McGovern said it had never been in the minds of people voting on the 1983 Constitutional Amendments on Article 40.3.3 that the unborn meant anything other than the foetus in the womb.

"It is not for the courts to decide whether the 'unborn' should include embryos in vitro," he said.

"That is a matter for the Oireachtas, or for the people, in the event that a Constitutional amendment is put before them.

"In the meantime the courts are being asked to deal with a complex dispute involving social issues which should be governed by a regulatory regime established by an Act of the Oireachtas."

Last night Mrs Roche said she would reflect on the "complicated and sensitive issue" before deciding on a possible Supreme Court Appeal.

The ruling has set the Government on a collision course with the Catholic Church and has been greeted with dismay by senior prelates and the pro-life lobby.

Catholic Archbishop of Dublin, Diarmuid Martin, said the decision appeared to cast doubts on the level of protection which the Constitution affords to human life at its earliest stages.

"Human life must be respected and protected absolutely from the moment of conception," he said last night.

"From the first moment of his or her existence a human being must be recognised as having the rights of a person."

Last night the Government said legislation to deal with the issues raised in yesterday's ruling was at an early stage of preparation.

But it is virtually certain there will be no move to bring this forward in advance of the general election.

The issue is viewed as a political landmine by ministers who do not want a potentially divisive debate on the sensitive topic in the run-up to the election.

But Labour's health spokesperson Liz McManus said there were no excuses for the Government to delay any further in producing legislation on licensing and regulating fertility clinics.

"There are nine assisted reproduction clinics in the country."

She added: "But there is no regulatory framework for the sector."

The Oireachtas Committee on Health and Children has before it a major study of the issues involved from the Commission on Assisted Human Reproduction which reported 18 months ago.

Tanaiste Mary Harney said yesterday that the Oireachtas Committee's report plus that of the Commission would help to "inform future policy".

She said she has instructed her department to begin preparing for legislation is this area.

And she said yesterday's judgment would be examined by the department as part of this process.

Dearbhail McDonald and Ann O'Loughlin