Seanad debates

Wednesday, 17 July 2013

Protection of Life During Pregnancy Bill 2013: Committee Stage

 

11:35 am

Photo of John GilroyJohn Gilroy (Labour) | Oireachtas source

I refer to the Title of the Bill. Before the debate really kicks off, it might be no harm to remind ourselves exactly what the Supreme Court stated. Otherwise, it will give rise to all kinds of irrelevant arguments. On 5 March 1992, Chief Justice Finlay spoke on this point. He stated:


I, therefore, conclude that the proper test to be applied is that 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 be avoided by the termination of her pregnancy, such termination is permissible, having regard to the true interpretation of Article 40, s.-3, sub-s. -3 of the Constitution.
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