But Mr Justice Kay said that selling the register without affording individual electors a right of objection was a disproportionate way in which to give effect to the legitimate objective in question.
An amendment to the bill will "provide a clear right of objection for family members, where they can confirm that a potential donor would not have wished donation to take place", Mr Drakeford said.
"So what Parliament did was balance the interests of those who wished to liberalise the treatment while respecting the right of conscientious objection, " he said.
Mr Moynihan told Lord Mackay, sitting with Lady Dorrian and Lord McEwan, that in so far as the women were part of a team their right to conscientious objection extended to the whole of their duties, save for the provision that there was an obligation to participate in life-saving measures.
Their counsel Gerry Moynihan QC told the court that in so far as the women were part of a team, their right to conscientious objection extended to the whole of their duties, save for the provision that there was an obligation to participate in life-saving measures.
Brian Napier QC, for the health authority, argued that having responsibility of a managerial, supervisory or support nature did not of itself trigger the right to conscientious objection.
Brian Napier QC, for NHS GGC, told the appeal judges that having responsibility of a managerial, supervisory or support nature did not of itself trigger the right to conscientious objection.
"The administrative convenience of the health board is irrelevant because the right is a balance between facilitating abortion while respecting the genuine conscientious objection of medical, nursing and ancillary staff, " he said.
He said that because the midwives let the administration know of their objection in advance the health board could manage its staff as a whole to respect their right to conscientious objection.
Mr Moynihan said that because the midwives let the administration know of their objection in advance, the health board could manage its staff as a whole to respect their right to conscientious objection.
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