Oireachtas Joint and Select Committees

Wednesday, 9 January 2013

Joint Oireachtas Committee on Health and Children

Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland

10:30 am

Ms Ciara Staunton:

Deputy Naughten spoke about a viable child. A woman is entitled to a lawful abortion if there is a real and substantial risk to the life of the woman due to that pregnancy. Irrespective of whether the issue is one of mental or physical health she is entitled to a termination of her pregnancy. If there is a viable child, because the pregnancy is at an advanced stage, the doctor must first save the life of the woman by terminating the pregnancy and then do everything he or she can to save the child. The issue of guardianship has nothing to do with what we are talking about. There are structures in place to deal with a child whose mother wishes to give him or her for adoption, but they have nothing to do with what we are dealing with here.

In reply to Senator van Turnhout, I propose the repeal of sections 58 and 59 of the Offences Against the Person Act 1861 but also to replace them. One cannot simply repeal legislation. It must be replaced. With regard to suicidal intent, my only reason to separate it from other threats to life is that there has been much discussion about it and about the danger that it will open the floodgates to abortion on demand. That will not happen. The test is too narrow and applies to very few cases. All threats to the life of the pregnant woman should be dealt with together.

May I ask Deputy Dowds to repeat his question?

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