As the Deputy will be aware from his previous question on this area, the terms of reference for the Expert Group were initially drawn up by the relevant officials in my Department, after which they were submitted for discussion by Government, and approved on the 29th November 2011. As the question relates to confidential matters for Cabinet, I will not be commenting any further.
Again, the Deputy will be aware from my previous reply that the membership of the Expert Group was chosen and appointed by the Minister and approved by Government. The Group consisted of members selected on the basis of their medical, legal, and policy expertise, and no further personnel were members of the Group.
The nominations from the Irish College of General Practitioners, the Institute of Obstetricians and Gynaecologists, the College of Psychiatrists of Ireland, an Bord Altranais, and the Medical Council were each provided to me in confidence, and those appointed are on the public record.
Under the terms of the Freedom of Information Acts 1997 and 2003, all records held by the Department of Health are accessible to the public. Finally, I have set out the letter of appointment of the Chair of the Expert Group with relevant briefing as requested.
13th January 2012
Hon. Justice Mr. Sean Ryan
High Court
Four Courts
Inns Quay
Dublin 7
Re: Expert Group on the
A, B, and C-v-Ireland
judgment of the
European Court of Human Rights
Dear Hon. Justice Mr. Sean Ryan,
I would like to thank you most sincerely for agreeing to chair the Expert Group on the A, B, and C-v-Ireland judgment of the European Court of Human Rights.
The terms of reference for the Group which have been approved by Government are:
- To examine the A, B and C v Ireland judgment of the European Court of Human Rights;
- To elucidate its implications for the provision of health care services to pregnant women in Ireland;
- To recommend a series of options on how to implement the judgment taking into account the constitutional, legal, medical, and ethical considerations involved in the formulation of public policy in this area and the over-riding need for speedy action.
You will find enclosed a document outlining the membership of the Group and a brief summary of the judgment.
I appreciate that the task at hand is a difficult and complex one, and that the timeframe of six months for finalising your work is challenging. However, the Government is committed to ensuring that the judgment is implemented expeditiously and the Expert Group will play a vital role in formulating recommendations on how to progress in this matter. In order to meet this deadline, the Expert Group will meet on a periodic basis (at least monthly) and may consult with interested parties and additional relevant experts and professionals.
The Expert Group will be provided with a secretariat and meetings will be held in the Department. My officials will be in touch with you with further details in due course. In the meantime, please do not hesitate to contact the senior official responsible for this Group, Ms. Geraldine Luddy, Principal Officer, at 01 635 4063 or geraldine_luddy@health.gov.ie should you have any queries.
Finally I would like to repeat my appreciation for your willingness to participate in the Group and I wish you well in your deliberations.
Yours sincerely,
__________________
Dr. James Reilly, T.D.
Minister for Health
Membership of the Expert Group on the A, B and C-v Ireland judgment of 16th of December 2010 of the European Court of Human Rights
|
No
|
Expertise
|
Organisation
|
|
1
|
Chair
|
Hon. Justice Mr. Sean Ryan
|
|
2
|
|
|
|
3
|
Obstetrics
|
Dr Peter Boylan ,
Consultant Obstetrician/Gynaecologist
Dr Mary Holohan,
Consultant Obstetrician/Gynaecologist
|
|
4
|
Psychiatry
|
Dr Imelda Ryan Psychiatrist
|
|
5
|
|
|
|
6
|
General Practice
|
Dr Ailis Ni Riain
Dr Mark Walsh
|
|
7
|
|
Ms Christine O’Rourke,
Office of the Attorney General
|
|
8
|
|
Ms Mary O Toole,
Senior Counsel
|
|
9
|
|
Ms Joanelle O’Cleirigh,
Solicitor
|
|
10
|
Law
|
Ms Denise Kirwin,
Solicitor
|
|
11
|
|
Mr. Bernard Carey,
Assistant Secretary,
Department of Health
|
|
12
|
Policy
|
Dr Tony Holohan,
Chief Medical Officer,
Department of Health
|
|
13
|
Professional Standards – Doctors
|
Dr. Deirdre Madden
nominated by Medical Council
|
|
14
|
Professional Standards – Midwives
|
Dr Maura Pidgeon
nominated by
An Bord Altranais
(Nursing Board)
|
Background on
A, B, and C -v- Ireland
Case
A, B, and C- v- Ireland
judgment
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 judgement of the Court confirms 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 held:
- In the case of the first and second applicants, Ms A and Ms B, the Court dismissed their applications, finding that there had been no violation of their rights under the Convention;
- In the case of the third applicant, Ms C, the Court found that Ireland had failed to respect the applicant’s private life contrary to Article 8 of the Convention, as there was no accessible and effective procedure to enable her to establish whether she qualified for a lawful termination of pregnancy in accordance with Irish law.
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.
Execution of the Judgment
Steps need to be taken to ensure no future similar violations of Article 8 occur. While the State is free, within certain limits, to choose the means of execution it is legally bound to attain the execution result required. This means that while the State can choose the means of implementation, it needs to achieve legal clarity as to when a woman may qualify for a lawful termination of pregnancy.
