Michael Healy-Rae
Question:218. Deputy Michael Healy-Rae asked the Minister for Health his views on a statement (details supplied) in relation to planned abortion legislation; and if he will make a statement on the matter. [9515/13]
View answerThursday, 21 February 2013
Questions (218)
Written answers
As the Deputy is aware, Article 40.3.3° of the Constitution was inserted by the Eighth Amendment in 1983 and is as follows:
‘The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.’
In Attorney General v X, the Supreme Court considered the meaning of the Eighth Amendment in the circumstances that arose in the case. The case concerned a girl of 14 years of age and the threat to her life was from suicide. The Supreme Court analysed and interpreted the text of Article 40.3.3 and decided that the Constitution permitted abortion in certain limited and particular circumstances, namely, where there was a real and substantial risk to the life of the woman, which could only be removed by terminating the pregnancy.
Article 40.3.3° of the Constitution as interpreted in the X case judgment is the law in of the State and the Oireachtas is legally bound to adhere to this interpretation. In order for the risk of suicide to be removed as a ground for lawful abortion, a referendum must be held. Indeed two referendums have been held to attempt to remove the risk of suicide as a ground for lawful abortion and they were both defeated. It is inaccurate to suggest that termination will be permitted in cases where there is a "threat" of suicide - rather it will only be permitted where it is established by expert medical opinion that as a matter of probability there is a real and substantial risk to the life, as opposed to the health, of the mother which can only be avoided by the termination of her pregnancy.
As the Deputy will know, last December the Government approved the implementation of the judgment of the European Court of Human Rights in the A, B and C v Ireland case by way of legislation with regulations, within the parameters of Article 40.3.3° of the Constitution as interpreted by the Supreme Court in the X case. They also agreed to make appropriate amendments to the criminal law in this area.
The aim of this Bill is to regulate access to lawful termination of pregnancy in accordance with Article 40.3.3° of the Constitution as interpreted in the X case, and provide for the drafting of regulations to deal with operational and procedural matters relevant to the issue. Intensive work is under way on drafting this legislation and it is the Government’s intention that the Heads of a Bill will be published in the next few months.