I wish to remind the Deputy that the wording of Article 40.3.3 and the judgment in the X case make it clear that the life of the unborn must be vindicated where practicable. This means that where a woman has a pregnancy that places her life at risk but her foetus is viable, she may have a right to have the pregnancy brought to an end but not a right to insist that the life of the foetus be deliberately ended.
As the Deputy may be aware the Protection of Life during Pregnancy Bill 2013 will provide for the offence of intentional destruction of unborn human life. The Bill will also set out exemptions to the offence. In the case of suicidal intent, three specialist medical practitioners will have to jointly certify that, in their reasonable opinion, there is a real and substantial risk to the life of the mother and that this risk can only be averted by the termination of her pregnancy. One of these doctors must always be an obstetrician/gynaecologist, and the other two will be psychiatrists.
In addition, the definition of 'reasonable opinion' requires that this opinion must be formed in good faith and must have regard to protect and preserve unborn human life where practicable. The registered medical practitioners will be obliged to record this opinion in writing if certifying a procedure that will end unborn human life.