Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank the Deputies for raising this important issue. The case of the young woman who has become known as "Miss Y" is very sad for all concerned. I do not wish to comment further on it until I have all the facts available to me. It is wrong to jump to conclusions on any matter without knowing all the facts, as I am sure Deputies will agree. What I can say is that the young woman involved arrived in Ireland in late March 2014 and sought and was granted asylum in this State. In early August, she had a termination of pregnancy under section 9 of the Protection of Life During Pregnancy Act by planned pre-term caesarean section. On 18 August, Tony O’Brien, director general of the Health Service Executive, requested that a report be completed for him in order to establish all of the facts surrounding the care given to her.

The purpose of the report is to establish all of the factual circumstances and the sequence of events as they relate to the care provided to Miss Y during her pregnancy, her care and welfare, to include her mental health, and, where relevant, the operation of the Protection of Life During Pregnancy Act 2013; and to examine and document the chain of communication among different service providers, including referrals between services and the flow of information on Miss Y both within the HSE and externally. In the event that any failings in service delivery are identified, the report is to establish the causes and contributory factors involved in order that they might be addressed. The period to be covered by the report will be from the time Miss Y first had contact with HSE and related services or other agencies and NGOs regarding her pregnancy, until the time that her pregnancy was ended by caesarean section. When the report is submitted to me, I will consider it and contemplate any appropriate action which may need to be taken. I am very keen to have the report sooner rather than later. However, anyone who is referred to in the report has the right to see and comment on it before publication. That is what natural justice dictates and it will determine the final date of publication.

In the meantime, I wish to clarify that the Protection of Life During Pregnancy Act was used in this case and that a termination of pregnancy was performed by means of an early delivery by caesarean section. This was the case as a result of the stage of gestation the child involved had reached. The Protection of Life During Pregnancy Act 2013 was enacted in July 2013 and commenced in January 2014. It provides for lawful termination where there is a real and substantial risk to the life, as distinct from the health, of the pregnant woman which may only be averted by termination of pregnancy. It does not allow for a termination on any other grounds. The Act also creates procedures which apply to the lawful termination of pregnancy. The objectives of these procedures are to ensure that where lawful termination of pregnancy is under consideration, the right to life of the unborn is protected, where practicable and as required by the Constitution and that a woman can ascertain, by means of a clear process, whether she requires this procedure. At present, there are no proposals to amend the Protection of Life During Pregnancy Act in the lifetime of this Government - it will be reviewed, as required, next June - or to hold a referendum to repeal the eighth amendment of the Constitution.

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