Dáil Éireann Debate, Wednesday - 17 September 2014
763. Deputy Joe Costello asked the Minister for Health his plans to amend the eighth amendment of the Constitution to permit termination of pregnancy in circumstances other than those prescribed at present; and if he will make a statement on the matter. [33831/14]
View answerArticle 40.3.3 of the Irish Constitution states that:
'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 interpretation of Article 40.3.3 was considered by the Supreme Court in Attorney General v X (the X case [1992] 2 IR 1.). Further, in December 2009, the European Court of Human Rights heard a case brought by three women in respect of the alleged breach of their rights under the European Convention on Human Rights in regard to abortion in Ireland (the A,B, and C v Ireland case [2010] ECHR 2032.).
The Protection of Life During Pregnancy Act 2013 was enacted in July 2013 and commenced in January 2014. The purpose of this Act is to restate the general prohibition on abortion in Ireland while regulating access to lawful termination of pregnancy in accordance with the X case and the judgement in the European Court of Human Rights in the A, B and C v Ireland case.
I do not intend to propose any amendments to the 8th Amendment of the Constitution at present.
