Phil Hogan (Carlow-Kilkenny, Fine Gael)

I thank Senator Mullen for raising this matter. I apologise that the Minister for Health cannot be here. Abortion in Ireland is prohibited except where it is established, as a matter of probability, that there is a real and substantial risk to the life of the mother and that this risk can be averted only by the termination of her pregnancy. Following the ruling in the X case, this risk to the life of the mother includes the risk of suicide. In 2009, the European Court of Human Rights heard an application by three women that it is a breach of their rights under the Convention for the Protection of Human Rights and Fundamental Freedoms for the Irish State not to provide abortion in certain circumstances. This is the A, B and C v. Ireland case to which Senator Mullen referred.

The court found no violation of the convention in regard to the first and second applicant - Ms A and Ms B. However, the court determined that the rights of Ms C had been violated under Article 8 of the convention. The judgment of the court confirmed that Article 40.3.3° of the Constitution is in conformity with the European Convention on Human Rights. Article 40.3.3°, as interpreted by the Supreme Court in the X case, means it is lawful to terminate a pregnancy in Ireland if it is established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother, which can only avoided by a termination of the pregnancy. The court did, however rule, that "no criteria or procedures have been ... laid down in Irish law ... by which that risk is to be measured or determined, leading to uncertainty" and held that further legal clarity was required. Ireland has signed and ratified the European Convention on Human Rights and Article 46 of it states that signatories agree to abide by any judgment of the court in any case to which they are parties. Ireland is, therefore, under a legal obligation to implement the judgment of the European Court of Human Rights in A, B and C v. Ireland.

In January, the Government established an expert group to recommend a series of options on how to implement the A, B, and C v. Ireland judgment. The terms of reference of the expert group, as approved by Government, are to examine the A, B and C v. Ireland judgment of the European Court of Human Rights, to elucidate its implications for the provision of health care services to pregnant women in Ireland, and to recommend a series of options on how to implement the judgment taking into account the constitutional, legal, medical and ethical considerations involved in the formulation of public policy in this area and the overriding need for speedy action. I assure the Senator that the expert group is fully aware of its remit. The Minister for Health, Deputy Reilly, is confident the group will fulfil its task efficiently.