Written answers

Tuesday, 13 October 2015

Department of Health

Legislative Process

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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237. To ask the Minister for Health his Department’s preparation for legislation to be brought forward relating to a proposed repeal of the eighth amendment of the Constitution; and if he will make a statement on the matter. [35227/15]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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As the Deputy is aware article 40.3.3 of the Constitution states: '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 Protection of Life During Pregnancy Act was signed into law by the President on 30 July 2013 and it was commenced on 1 January 2014. 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. The main purpose of the Act is to restate the general prohibition on abortion in Ireland while regulating access to lawful termination of pregnancy in accordance with the X case and the judgment of the European Court of Human rights in the A, B and C v Ireland case. The Act also creates procedures which apply to the lawful termination of pregnancy. Its purpose is to confer procedural rights on a woman who believes she has a life-threatening condition, so that she can have certainty as to whether she requires this treatment or not.

I am not proposing any amendments to the Act or the 8th Amendment of the Constitution at present.However, I do believe that this matter should be dealt with in the 32nd Dáil.

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