Alex White (Dublin South, Labour) | Oireachtas source

It would be fair to say that the advice the Government has is that in circumstances in which there is a foetus with a condition that is incompatible with life, as has been described here, but which is capable of being born alive, such a foetus is likely to attract the protection of Article 40.3.3°. That, I think, answers Deputy Wallace's question as best we can, because that is the core of the advice the Minister for Health has from the Attorney General. That is the position: that a foetus with a condition that is incompatible with life - Deputy Clare Daly makes that point and I understand it - but which is, nevertheless, capable of being born alive, attracts the protection of Article 40.3.3°. That is a profound piece of advice that the Government cannot ignore.