Dáil Éireann Debate, Thursday - 19 July 2012
723 Deputy Terence Flanagan asked the Minister for Health the position regarding a case (details supplied); the position of the European Court of Human Rights in relation to this matter; when he expects to make a statement on the expert group’s decision; and if he will make a statement on the matter. [36224/12]
View answerAs the Deputy might be aware, the European Court of Human Rights heard in December 2009 an application by three women that it is a breach of their rights under the Council of Europe Convention on Human Rights for the Irish State not to provide abortion in circumstances where a woman wishes to undergo an abortion (the A, B and C case). The judgment of the Court confirmed that Article 40.3.3 of the Constitution is in conformity with the European Convention on Human Rights. The Court accepted that Article 40.3.3 of the Irish Constitution, as interpreted by the Supreme Court in the X case, provides that it is lawful to terminate a pregnancy in Ireland if it is established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother, which can only avoided by a termination of the pregnancy. This has not been altered by this judgment. The Court ruled that “no criteria or procedures have been... laid down in Irish law... by which that risk is to be measured or determined, leading to uncertainty?” and held that further legal clarity was required.
On foot of the judgment of the European Court of Human Rights in the A, B and C v Ireland case, and to fulfil a commitment included in the Programme for Government, the Government established an Expert Group on 13th January 2012to make recommendations on how this matter should be properly addressed. The Group, chaired by Hon Justice Mr. Sean Ryan, has made very good progress and is currently in the process of finalising its report. However, the Group requested a short extension to the time limit it was given to complete its work. They expect their report will be completed and submitted to me by the end of September and I will subsequently submit it to Government.
