GENITO-URINARY MEDICINE
Law plus regulations on abortion
December 18, 2012
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The Government has decided to address the abortion issue through a combination of new legislation and regulations.
This was the option most favoured by the Expert Group which reported last month.
According to the Department of Health, the Government has also agreed to make appropriate amendments to the existing criminal law in this area under the 19th century Offences Against the Person Act.
The Government says it will also provide clarification on what is legal for the doctors providing medical care to pregnant women "while at all times taking full account of the equal right to life of the unborn child."
The Government's decision is intended to clarify the legal position on limited abortion where a mother's life is deemed to be at risk following the X Case Supreme Court ruling 20 years ago and the 2010 judgement of the European Court of Human Rights in A,B and C v Ireland.
The Department said the drafting of new legislation, supported by regulations, will be within the parameters of Article 40.3.3 of the Constitution (the 'pro-life' amendment) as interpreted by the Supreme Court in the X case.
The Oireachtas Committee on Health and Children will hold hearings on this matter next month.
The Department said that the drafting of the heads of a general scheme of a bill will be take place in the wake of those hearings.
According to the Department, after the completion of draft heads of a bill there will be 'comprehensive debate in the Oireachtas and beyond' before the Bill and regulations are finalised.
"The legislation should provide the clarity and certainty in relation to the process of deciding when a termination of pregnancy is permissible, that is where there is a real and substantial risk to the life, as opposed to the health, of the woman and this risk can only be averted by the termination of her pregnancy",| the Department said.
The Government said it had agreed to the request from the Health Minister Dr James Reilly for further decisions at a later stage related to policy matters that will inform the drafting of the legislation.
"Much further work will be required in drafting the legislation and further decisions of government will be required to inform the detail of the legislation and the regulations", the Department said.
Speaking after the Cabinet meeting, Minister Reilly said he was very conscious of the sensitivities around the issue.
"I know that most people have personal views on this matter. However, the Government is committed to ensuring that the safety of pregnant women in Ireland is maintained and strengthened. We must fulfill our duty of care towards them. For that purpose, we will clarify in legislation and regulation what is available by way of treatment to a woman when a pregnancy gives rise to a threat to a woman's life"
"We will also clarify what is legal for the professionals who must provide that care while at all times taking full account of the equal right to life of the unborn child," Dr Reilly added.
There is no mention in the Department's statement on the issue of suicide risk as a threat to the life of the mother and how this will be dealt with in the new legislation.
This risk was deemed legitimate in the X Case judgement, and two previous attempts to remove suicide risk were defeated in referenda.
However, Dr Reilly said today the legislation would cover the area of suicide as it was 'very clear' the Supreme Court had covered this area in its judgment.
He said that regulation and legislation involving suicide was important to make sure the issue of suicide 'was not abused as it has been perceived to be in other jurisdictions'.
Some TDs have reservations about about legislation that would include the risk of suicide as grounds for abortion, fearing that this could lead to an excessively liberal abortion regime.
It is expected that the new legislative provisions on abortion will be ready by next summer.