Most Reverend Dr. Michael Jackson:

Mr. Samuel Harper and I wish to thank the joint committee for the invitation to address it today. This presentation reflects our personal views, but it is also based on positions the Church of Ireland has taken in response to previous Oireachtas and Government requests for a Church of Ireland input in this difficult and sensitive area.

The position of the Church of Ireland on abortion is summarised in an addendum to the paper we submitted to the joint committee earlier this week. We recognise, however, that the judgment in the A, B, C v. Ireland case and the decision of the Government to progress the matter through a combination of legislation and regulations has moved the issue on. Thus, we will confine most of our presentation to the issues raised by the expert group report. Suffice it to say the Church of Ireland opposes abortion but recognises that there are exceptional cases of strict and undeniable medical necessity where it is and should be an option. There are a wide variety of sincerely held and conscientiously undertaken views within the Church of Ireland as to what constitute such exceptional cases. However, there would be agreement that they include cases where the continuation of the pregnancy poses a risk to the life of the mother.

In the X case of 1992 the Supreme Court held that an abortion was constitutionally permissible under Article 40.3.3^o in circumstances where the continuation of the pregnancy constituted a "real and substantial risk" to the life, as distinct from the health, of the mother and the risk can only be averted by the termination of a pregnancy. The circumstances of the case made clear that this included a credible risk of suicide. The Church of Ireland welcomed the judgment at the time as the wording "real and substantial risk to the life of the mother" was very similar to the "strict and undeniable medical necessity" criterion the church has generally held to be appropriate. However, the legal situation has not been clarified and statutory provisions, particularly sections 58 and 59 of the Offences Against the Person Act 1861, remain in effect and provide for severe criminal sanctions both for women and those who assist abortion.

In the context of the Church of Ireland's previous comments on the issue, we agree that the position in the State is very unclear and that this is unsatisfactory and unfair to pregnant women and medical professionals who deserve to be able to make critical, clinical decisions in a secure and well regulated legal and medical framework. We, therefore, strongly welcome the decision by the Government to seek to provide clarity on the issue.

Introducing the principles behind its paper, the expert group said the following:

There is an existing constitutional right, as identified and explained in the X case judgment of the Supreme Court. The State is entitled and, indeed, obliged to regulate and monitor the exercise of that right so as to ensure that the general constitutional prohibition on abortion is maintained. However, the measures that are introduced to give effect to this constitutional right should not act as obstacles to any woman who is legitimately entitled to seek a termination on lawful grounds.

We agree with this general approach. The expert group went on to highlight the sensitive issue of what should happen in the event that a foetus was viable, or potentially viable, but the continuation of the pregnancy posed a "real and substantial risk" to the life of the mother. This highlights the need for an effective decision-making procedure.

Chapter 6 of the expert group report outlines the tests to be applied in the light of the Supreme Court decision in the X case. This should include the question of whether it is practicable to preserve the life of the unborn in the process of terminating the pregnancy without compromising the right to life of the woman. The Church of Ireland submission in 1998 to the interdepartmental working group on abortion made clear the church's position on the right to life of the unborn. We, therefore, agree with the approach outlined and the requirement that the diagnosis needs to be made expeditiously and should be formally notified to the woman. Such a device needs the protection of legislation as Medical Council guidelines on their own will not necessarily have this effect.

The expert group also raised the issue of whether there should be special provision for the rare occasions where the risk to a woman's life was real, substantial and imminent. Our view is that there should be special provision for such circumstances in the light of the provisions of the 1861 Act which make the termination of pregnancy subject to severe criminal sanction. We do not consider it is appropriate for a medical professional faced with an emergency, where a woman's life is in danger, to be constrained in giving necessary treatment in good faith by the risk of criminal conviction.

Turning to chapter 7 and the options for implementation, as a group, we welcome the Government's decision to seek to implement by means of legislation and regulations, which is in keeping with the statement made by the church in 1998. This approach allows for easier alteration as developments in medical science change in the context of decision making.

I want to quote from a significant women's group within the Church of Ireland because I am conscious that we have two men representing the total church. This is from the Mother's Union and my final comment:

For the moment we must continue to keep the lines of communication open, listen - really listen - as well as talk, inform as well as undertake to be informed as we can be from as many different sources and viewpoints as possible, trust in our medical and trained professionals, and try and pick our way through the maze, whilst at the same time recognising that one size does not necessarily fit all, and that any decisions and way forward may have to be regularly reviewed as our world continues to grow and evolve around us.

Thank you very much, Chairman.