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

As the Deputy is aware, Article 40.3.3^oof the Irish Constitution 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.

The interpretation of Article 40.3.3^owas considered by the Supreme Court in Attorney General v. X in 1992. Furthermore, in December 2009 the European Court of Human Rights heard a case brought by three women in respect of the alleged breach of their rights under the European Convention on Human Rights in regard to abortion in Ireland. This action was known as the A, B, and C v. Ireland case.

The Protection of Life During Pregnancy Bill 2013 was enacted in July 2013 and commenced in January 2014. The purpose of the Act is to restate the general prohibition on abortion in Ireland, while regulating access to a lawful termination of pregnancy in accordance with the X case and the judgment in the European Court of Human Rights in the A, B, and C v. Ireland case. The Act received careful consideration by the Houses of the Oireachtas and the Oireachtas Joint Committee for Health and Children, including three days of public hearings.

The guidance document on the Protection of Life During Pregnancy Act 2013 has now been published. The guidelines are designed to assist professionals in the practical operation of the Protection of Life During Pregnancy Act. The guidance document includes advice on identifying referral pathways to fulfil the requirement of the Act to ensure women whose life might be at risk can receive appropriate medical care. I do not intend to propose any amendment to the Act or the eighth amendment of the Constitution at present.

In regard to the case now known as the Ms Y case, I am awaiting the report by the Health Service Executive and hope to receive it as soon as possible. Once I have had an opportunity to review it, I will consider if any further action needs to be taken.

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