Peter Fitzpatrick (Louth, Fine Gael)
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I thank Dr. David Kenny, Ms Mary O'Toole and Professor Fiona de Londras for their presentations. Article 40.3.3° states, "The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right." If we propose removing such a statement of equal rights from our Constitution, especially after so recently adding to the Constitution a new statement of equal rights on marriage equality, it would display confusion on the question of human rights in our laws.

Dr. David Kenny stated that if Article 40.3.3° were removed, it would have no immediate or automatic effect on the legal position on abortion.

He stated that the legal position will remain whatever is contained in law under the Protection of Life During Pregnancy Act 2013, and that unless and until the law is changed by the Legislature or validated by the courts, this will not change.

Removing the eighth amendment would inevitably lead to abortion on demand. It is not hard to imagine, then, where abortion in Ireland will be in a few decades. In the United States alone, over 55 million lives have been terminated by abortion since its introduction. This amounts to nearly one fifth of the entire population, or indeed the entire population of a country the size of South Africa. A baby's heart beats 21 days after conception. Facial features start to form by the fourth week. Internal organs begin to form by the sixth week. The nervous system is responsive by the eighth week, and the baby can swallow, yawn and suck by the ninth week. By week 11 the baby can stretch and jump. There are 100,000 people alive in Ireland today as a direct result of the eighth amendment. Removing it would lead to abortion on demand. I ask the witnesses to give me their legal opinion on this.