Dáil debates

Wednesday, 8 March 2017

Ceisteanna - Questions (Resumed) - Priority Questions

Abortion Services Provision

3:05 pm

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

I think we have significant specific women's mental health issues in this country. As the Deputy probably knows, the National Women's Council of Ireland and Trinity College made a successful bid to host the World Congress on Women's Mental Health, which is taking place in RDS in week. The Deputy is familiar with my position and that of the Government on how to deal with the eighth amendment. This position has been adopted by the House.

The Protection of Life During Pregnancy Act 2013 regulates access to a termination of pregnancy if a pregnant woman’s life, as distinct from her health, is at risk from a threat to her physical or mental health.

The principal constitutional issue dealt with in the Act is the right to life of the unborn with due regard to the right to life of the mother as set out in Article 40.3.3° of the Constitution.

The effect of this article is to prohibit abortion in Ireland subject to exemption where the life of a pregnant woman is at risk. The 2013 Act does not confer new rights to termination of pregnancy, but clarifies existing rights. As the Deputy knows, a referendum would be required to broaden the scope of the 2013 Act.

Any proposed change to Article 40.3.3° of the Constitution requires careful consideration of the policy and legal issues involved. The removal of the current constitutional protection of the life of the unborn would have significant implications for the law. This would require questions to be answered about our existing laws and, most importantly, the future legislative framework which would apply.

Accordingly, and for these reasons, the Government established a Citizens' Assembly in line with the programme for Government. The assembly, which is chaired by Ms Justice Mary Laffoy, is discussing the issue of the eighth amendment over a period of five weekends. I followed its very intensive engagement last weekend. A report setting out the assembly's recommendations on this matter is expected to be presented to the House in the first half of 2017.

I look forward to the outcome of the Citizens' Assembly's detailed examination of this issue and to participating in the arrangements by the Oireachtas for consideration of the assembly's proposals.

The Deputy knows I believe we need a referendum on the eighth amendment but I also know we need a majority to get any constitutional referendum passed. The Citizens' Assembly is playing an important role in this regard.

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