Dáil Éireann Debate, Tuesday - 23 April 2013
635. Deputy Liam Twomey asked the Minister for Health the evidence available in his Department to support the X-Case judgement to provide for abortion on suicide grounds; and if he will make a statement on the matter. [18817/13]
View answerAs the Deputy will be aware, the law in Ireland in this area is set out in Article 40.3.3 of the Constitution, which states: ‘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.’ The law was further clarified by the judgment of the Supreme Court, in the case of Attorney General v X & Others (the X case) in 1992. This held that if it were established as a matter of probability that there was a real and substantial risk to the life, as distinct from the health, of the mother which could only be averted by the termination of her pregnancy, such a termination was lawful. A termination of pregnancy arising from a risk to life from suicide was deemed lawful under this judgment.
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. Intensive work is underway in my Department on drafting this legislation and it is the Government’s intention that the Heads of a Bill will be published in April.
