Oireachtas Joint and Select Committees

Wednesday, 29 November 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Termination in Cases of Foetal Abnormality: Mr. Peter Thompson, Birmingham Women's and Children's Hospital

1:30 pm

Mr. Peter Thompson:

The first thing is to decide what is the definition of "fatal". As a result of the history of the law on abortion in Ireland, it will be very difficult for Ireland's obstetricians to decide. If it is decided in law that a fatal condition is one in which the baby always dies in utero, then we must consider that those conditions are exceptionally rare. As the committee can see in the other table I submitted, even babies with trisomy 18 have been noted to survive following birth, although very rarely. I worry that if the term "fatal" is used, some would argue that everything is fatal. The contrary argument is that nothing is fatal because it does not result in a death in every single case. A baby could live for a short period after birth. That is my main consideration about the term "fatal".

There was a first part to the question. Is it impossible to draw up a list? One could draw up a list of severe conditions if one could decide on one of those four different definitions. One could draw up a list of severe conditions that would be appropriate for termination of pregnancy in Ireland. The problem is that more conditions are being diagnosed all the time. Another condition might then need to be added. Alternatively, we might find a cure for one of the conditions on the list. I am concerned that legislators in Ireland would constantly have to revisit the list in a circular fashion trying to tick things off and put things on. In my experience of legislation, that can take quite a considerable amount of time.

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