Dáil Éireann Debate, Wednesday - 21 January 2015
47. Deputy Mick Wallace asked the Minister for Health his plans regarding reproductive rights here, particularly in view of his comments in December 2014 in which he indicated that the existing legislation on abortion is too restrictive and may have a chilling effect on doctors; and if he will make a statement on the matter. [2377/15]
View answerAs the Deputy is aware Article 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 in 1992. 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. This action was known as the A,B, and C v Ireland case.
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. The Act received very careful consideration by the Houses of the Oireachtas and the Oireachtas Joint Committee for Health and Children, including three days of public hearings.
I am not proposing any amendments to the Act or the 8th Amendment of the Constitution at present.
