Rónán Mullen (Independent) | Oireachtas source

This section provides for the repeal of sections 58 and 59 of the Offences against the Persons Act 1861. It is worth noting - this is relevant in the context of this debate - that those sections still exist in the British jurisdiction.

Despite the fact that abortion continues to be criminalised by that pre-Independence legislation, a coach and four has been driven through this over the years by various legislative measures. This makes the point that, where abortion in the Western world is concerned, there can be prohibition in name, but there is an utter disregard for the life of the unborn in practice. This is the answer to those who seek to reassure us that the general presence of Article 40.3.3° acts as protection against bad faith on the part of some care providers, pregnancy counsellors or whoever. It does not. Just as happened with the law in Britain, an interpretation of Article 40.3.3°, such as took place in 1992, has opened the exception so wide that it is difficult to see how we will not have abortion on request. This point is worth making in passing. Those sections prohibiting abortion continue to be the law in Britain, but sadly to no real effect.