Written answers

Wednesday, 21 January 2015

Department of Health

Abortion Legislation

Photo of Clare DalyClare Daly (Dublin North, United Left)
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66. To ask the Minister for Health if he will amend the Protection of Life During Pregnancy Act in view of the effect of the criminal sanction and the subsequent replacement of medical considerations with legal concerns. [2337/15]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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As the Deputy is aware Article 40.3.3oof the Irish Constitution states that:

'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.'

The interpretation of Article 40.3.3owas considered by the Supreme Court in Attorney General v X in 1992. Further, in December 2009, the European Court of Human Rights heard a case brought by three women in respect of the alleged breach of their rights under the European Convention on Human Rights in regard to abortion in Ireland. This action was known as the A,B, and C v Irelandcase.

The Protection of Life During Pregnancy Act 2013 was enacted in July 2013 and commenced in January 2014. The purpose of this Act is to restate the general prohibition on abortion in Ireland while regulating access to lawful termination of pregnancy in accordance with the Xcase and the judgement in the European Court of Human Rights in the A, B and C v Irelandcase. The Act received very careful consideration by the Houses of the Oireachtas and the Joint Oireachtas Committee for Health and Children, including three days of public hearings.

I am not proposing any amendments to the Act or the 8th Amendment of the Constitution at present.

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