Denis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

On the fatal foetal abnormalities, the Irish Council for Civil Liberties made the case in its presentation that protection under Article 40.3.3° of the Constitution, based on the Roche case, does not extend to fatal foetal abnormalities. There is a difference between no prospect of being born, which would be a non-implanted embryo, and no prospect of life outside the womb. For example, a stillbirth would fall under one category and not under the other. In this regard, the legal judgment relates to an embryo, and a non-implanted embryo would not have life outside the womb because it has no opportunity of being born. Is there a difference? I seek clarification on that.