Written answers

Wednesday, 27 March 2013

Department of Health

Suicide Prevention

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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To ask the Minister for Health his views on correspondence (details supplied) regarding suicide legislation; and if he will make a statement on the matter. [15690/13]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Suicide is a tragedy that we are constantly working to prevent and also working to give more support to the families affected. Dealing with the current high levels of suicide and deliberate self harm is a priority for this Government. Reach Out our National Strategy for Action on suicide Prevention makes a number of recommendations in relation to fast track referrals to community-based mental health services, effective response to deliberate self harm, training, stigma reduction, etc. Consequently, the HSE's National Office for Suicide Prevention (NOSP) has developed a range of initiatives to support people who are suicidal and also supporting their families, friends and peers in recognising and responding appropriately to signs of emotional distress and suicidal thoughts.

It is not accurate to state that suicidal thinking in females will be legitimised by the State by legislation. As the Deputy will know, last December the Government approved the implementation of the judgment of the European Court of Human Rights in the A, B and C v. Ireland case by way of legislation with regulations, within the parameters of Article 40.3.3 of the Constitution as interpreted by the Supreme Court in the X case. It also agreed to make appropriate amendments to the criminal law in this area. The aim of the Bill is solely to regulate access to lawful termination of pregnancy in accordance with Article 40.3.3 of the Constitution as interpreted in the X case.

As the Deputy is aware, Article 40.3.3° of the Constitution was inserted by the Eighth Amendment in 1983 and is as follows:

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.
In Attorney General v. X, the Supreme Court considered the meaning of the Eighth Amendment in the circumstances that arose in the case. The case concerned a girl of 14 years of age and the threat to her life was from suicide. The Supreme Court analysed and interpreted the text of Article 40.3.3 and decided that the Constitution permitted abortion in certain limited and particular circumstances, namely, where there was a real and substantial risk to the life of the woman, which could only be removed by terminating the pregnancy. Article 40.3.3° of the Constitution as interpreted in the X case judgment is the law of the State and the Oireachtas is legally bound to adhere to this interpretation. In order for the risk of suicide to be removed as a ground for lawful abortion, a referendum must be held. Indeed, two referendums have been held to attempt to remove the risk of suicide as a ground for lawful abortion and they were both defeated.

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