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

The draft legislation which the Government has put forward is exactly that. I saw somebody pointing to it and claiming it was the law - it is not the law, it is the draft scheme of legislation that we intend to introduce if the referendum is carried on Saturday. That provides for the termination of pregnancies up to 12 weeks but after 12 weeks only where there is a medical indication, where a specialist obstetrician, somebody with ten years' training or more and a second doctor, agree that a termination is necessary in order to protect the health or life of the pregnant woman. Head 4 of the draft legislation refers specifically to viability to ensure that no pregnancy is terminated after the point of viability. The only situation where that could be the case is where, sadly, the pregnant woman is carrying a child who is not going to survive anyway, the case of fatal foetal abnormalities or, under head 5, which is an emergency provision. This is an absolute emergency provision whereby a doctor has to intervene immediately to end the pregnancy to immediately save the life of the woman. There is a double immediacy test under head 5. That is designed for those absolute emergency situations where there is an immediate risk to the life of the woman which requires an immediate termination and indeed something similar is already provided for in our existing 2013 legislation.

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