Members of the Oireachtas Committee on the Eighth Amendment have called for an evidence-based, factual debate, both within their parties and nationally, at the launch of their report today.
The 38-page report calls for significant reform of Ireland’s abortion law, recommending a simple repeal of the eighth amendment, allowing for the Oireachtas to legislate freely on abortion issues.
Speaking on the launch of the report today, Fine Gael Senator Catherine Noone, who chaired the committee, said “we need some change and in order to do that we need to amend the constitution”.
“Anyone under the age of 52 has never had the opportunity to have a say on this issue”, she explained.
Committee members – excluding Independent Senator Ronan Mullen, Independent TD Mattie McGrath and Fine Gael TD Peter Fitzpatrick, who didn’t attend today’s launch – were all united in their desire for a balanced, civilised debate on the eighth amendment. While there no guarantee currently that a referendum will take place, Taoiseach Leo Varadkar has suggested he would like to see a vote on the eighth amendment in May.
While on some points the committee was at odds with the Citizens’ Assembly recommendations, such as the Assembly’s call for replacing Article 40.3.3 with “a constitutional provision that explicitly authorises the Oireachtas to legislate to address termination of pregnancy, any rights of the unborn and any rights of the pregnant woman”, it was consistent in calling for a significant liberalisation of Ireland’s abortion law.
One of the most debated aspects of possible constitutional reform has been whether a distinction should be drawn between the physical or mental health of a woman where her life is at risk. The committee have recommended that termination should be legally allowed where the life or health of a woman is at risk and no distinction should be drawn between their physical and mental health. The possible risk must be assessed by no less than two specialist physicians.
Other key recommendations of the report include legal access without restriction to abortion up to 12 weeks. In cases of fatal foetal abnormality, the committee recommended that it be legal to terminate a pregnancy with no gestational limit where the abnormality “is likely to result in death before or shortly after birth”. The committee rejected allowing termination where the abnormality will not result in death before or shortly after birth.
While the Citizens’ Assembly had recommended for that termination of pregnancy should be lawful up to 22 weeks on the basis of socio-economic grounds, the committee saw this as a step too far. Recognising the position of these women as “difficult”, the committee took the stance that socio-economic reasons should not be provided for calling the distinction made by the Citizens’ Assembly “unnecessary”.
Mullen, McGrath and Fitzpatrick will present their own recommendations after lunchtime today. Refusing to put their name to the report published by the committee, the men collated an alternative report which will lay out their reasons for retaining the eighth amendment as it currently stands.
Members today said they would play a role in shaping their respective party policy towards a vote on the eighth amendment. Fine Gael TD Kate O’Connell said the committee’s members would work to bring party colleagues along the same “journey” they’ve made on abortion.
Sinn Féin TD Jonathan O’Brien said that the committee members were well placed to “try and influence party policy”.
“It serves no one to leave anyone behind in this debate”, he said.
Calling the recommendations a “positive move”, Independent Senator Lynn Ruane said that women will “still travel” if these recommendations are accepted.
