Mattie McGrath (Tipperary, Independent)
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51. To ask the Minister for Health his views on access to abortion within this State as outlined to the United Nations Human Rights Council on 11 May 2016; and if he will make a statement on the matter. [10045/16]

Marcella Corcoran Kennedy (Offaly, Fine Gael)
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Abortion is prohibited in Ireland unless there is a real and substantial risk to the life of a pregnant woman that can only be averted by the termination of her pregnancy. Article 40.3.3 of the Irish Constitution (Eighth Amendment) provides 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.’

The interpretation of 40.3.3 was considered by the Supreme Court in Attorney General v Xin 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 Ireland case.

The Protection of Life During Pregnancy Act, 2013 was enacted on 30th July 2013 and commenced on 1st January 2014. It regulates access to lawful termination of pregnancy in accordance with the X case and the judgement of the European Court of Human Rights in the A, B and C v Irelandcase. 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 a termination.

The Government has made a commitment in the most recent Programme for Government to establish a Citizen's Assembly to make recommendations to the Dáil on further constitutional changes and they will consider the Eighth Amendment as part of this work.