Written answers

Tuesday, 8 December 2015

Department of Health

Constitutional Amendments

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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431. To ask the Minister for Health his views regarding proposals to remove the eighth amendment of the Constitution, specifically the grounds on which he believes an abortion may be obtained such as the health of the mother; and if he will make a statement on the matter. [44087/15]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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As the Deputy is aware, Article 40.3.3° of the 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."

Article 40.3.3° of the Constitution, as interpreted by the Supreme Court in Attorney General v. X, provides that it is lawful to terminate a pregnancy in Ireland if 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, which can only avoided by a termination of the pregnancy.

The Protection of Life During Pregnancy Act 2013 was enacted on 30 July 2013 and commenced on 01 January 2014. It regulates 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 Government does not intend to propose any amendments to Article 40.3.3° of the Constitution at present.

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