Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context

Question 15: To ask the Minister for Health the steps he has taken to address the findings of the European Convention on Human Rights in relation to the A, B and C cases which deemed that Ireland was guilty of a serious violation of human rights. [1047/12]

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context

Question 30: To ask the Minister for Health when he will introduce legislation to deal with the provision of abortion when the life of a woman is in danger in view of the urgency of the situation and the outcome of the cases before the European Convention on Human Rights. [1046/12]

Clare Daly (Dublin North, Socialist Party)
Link to this: Individually | In context

Question 947: To ask the Minister for Health the reason for the delay in bringing forward proposals to legislate for abortion arising from the outcome of the November 1992 referendum as well as the outcomes of the A, B and C cases. [1161/12]

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context

As the Deputy is aware, abortion is prohibited in Ireland except where 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 and that this real and substantial risk can be averted only by the termination of her pregnancy. Following the ruling in the X case, the Irish electorate voted on three amendments to the Constitution on the 25th November 1992. The provision of abortion in Ireland, as proposed in the Twelfth amendment, was ruled out; its intention was to row back on the X case judgment by removing suicide as a reason for lawful termination of abortion. However, the right to travel and the right to information were accepted. Article 40.3.3 of the Irish Constitution was therefore amended to read:

'The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

This subsection shall not limit freedom to travel between the State and another state.

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.'

Legislation was introduced on foot of the referendum, in the form of the Regulation of Information (Services outside the State for Termination of Pregnancies) Act 1995. The Act sets out the conditions under which information relating to services lawfully available in another State might be made available within the Irish State.

In relation to the ABC v Ireland judgment of the European Court of Human Rights, I wish to assure the Deputy that the Government is fully committed to its implementation. As the Deputy is aware, the Government submitted an Action Plan to the Committee of Ministers of the Council of Europe on 16th June 2011 as required by the European Court of Human Rights. The Action Plan contained a commitment by the Irish State to establish an Expert Group, drawing on appropriate medical and legal expertise with a view to making recommendations on how this matter should be properly addressed.

On 29th November 2011 the Government approved the establishment of this Expert Group. I expect the Group to be established by the end of this month and to report back to Government within six months of establishment. It would be inappropriate for the Government to pre-empt the recommendations of the Expert Group at this stage.