Government publishes report from expert group on abortion law

The Health Minister says a decision on what action to take will be made by Government by the end of next month. James Reilly says that will be implemented early in the new year.

The Expert Group was established by Government to recommend a series of options on how to implement the judgment in A, B and C v Ireland of the European Court of Human Rights (2010).

The judgment found that there had been a violation of C’s right to private and family life contrary to Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms because of the State’s failure to implement the existing constitutional right to lawful abortion in Ireland.

The report from the expert group, made up of doctors in obstetrics, psychiatry, general practice and legal professionals, was compiled to set out options for implementing a European Court of Human Rights ruling that a ban violated the rights of a woman who feared a cancer relapse during an unplanned pregnancy.

This followed a 20-year-old judgment from the Supreme Court, in an action known as the X Case, that termination in life-threatening circumstances, including a risk of suicide, can be lawful.

Among the considerations in the report was the option of legislating for limited abortion with ministerial regulations to be imposed.

“An implementation option that would be constitutionally, legally and procedurally sound is primary or amending legislation to regulate access to lawful termination of pregnancy in Ireland in accordance with the X Case, and the European Convention on Human Rights and the judgment in A, B and C v Ireland,” the report read.

It stated that such measures would provide the appropriate checks and balances between powers of the legislature and the executive, and would be amenable to changes that might arise out of clinical practices and scientific advances.

But Dr Reilly said he would not pre-empt the Government’s final decision.

“There are a lot of people that hold very firm views in relation to this and we need the time to allow people to consider the report,” he said.

The Minister also ruled out the likelihood of a third referendum on abortion legislation, saying there had been “absolutely no mention” of a public vote.

Ireland has voted on abortion issues in several referendums.

In 1983, the mother and unborn child’s equal right to life was supported and since 1992 women have had the right to travel outside the state for a termination and the right to information on abortion.

In 2002, a proposal to remove suicide as a grounds for abortion as set out in the X case was rejected by the electorate.

The experts, chaired by Judge Sean Ryan, did not set out a series of recommendations but explained how actions would be received.

Pointing to the benefits of amending legislation to meet the X Case, it added: “This legislation would provide for the drafting of regulations to deal with detailed and practical matters relevant to the issue, such as changing medical practices and scientific advances, as well as addressing emerging challenges to implementation.

“Most aspects of the provision of lawful termination of pregnancy would be set out in primary legislation, with certain operational matters delegated to the minister to govern by way of regulations.

“The advantages of this option are that it fulfils the requirements of the judgment, it provides for appropriate checks and balances between the powers of the legislature and the executive, and would be amenable to changes that might arise out of clinical practice and scientific advances.”

Meanwhile, Minister Reilly says he does not forsee mass division within the coalition on the issue.

He says the report shows the need to bring clarity for the women of Ireland and those treating them.

The 14-strong expert group was chaired by High Court judge Sean Ryan, who previously led a landmark inquiry uncovering child abuse in Catholic Church-run institutions and schools.

Medical and legal specialists and senior civil servants made up the rest of the membership, with five men and nine women examining what options are available to the Irish Government after a European Court of Human Rights ruling on abortion.

It included consultant obstetricians Dr Mary Holohan from Dublin’s Rotunda Hospital and Dr Peter Boylan, a former master at Holles Street, the national maternity hospital.

Others from the medical field were consultant psychiatrist Dr Imelda Ryan, general practitioner Dr Mark Walsh and leading family doctors’ representative, Dr Ailis Ni Riain, who resigned in unexplained circumstances in May 2012.

Those giving advice on the legal implications included Christine O’Rourke, from the Office of the Attorney General, barrister Mary O Toole and solicitors Joanelle O’Cleirigh and Denise Kirwan.

The country’s chief medical officer, Dr Tony Holohan, and Bernard Carey, assistant secretary in the Department of Health, advised on policy matters.

Elsewhere professional standards for doctors was represented by Dr Deirdre Madden of the Medical Council, and for nurses and midwives by Dr Maura Pidgeon of An Bord Altranais (Nursing Board).

The group were appointed in January and initially due to report back to the Government with a range of options within six months, but were granted an extension.

Health Minister James Reilly said: “I welcome the publication of this report and wish to thank the expert group for their commitment and their dedication to this work and for the invaluable contribution they have made in bringing clarity to this complex and sensitive issue.”

Publication of the report comes as the Government is called on to support abortion legislation, published by Independent TD Clare Daly.

A number of Fine Gael TDs have expressed concerns over measures in the Bill, which includes a measure to allow for abortion where there is a threat of suicide.

Daly said that those TDs need to take their role as legislators seriously.

"I don't really mean to insult their opinion, but it's kind of irrelevant, because they are legislators and the Supreme Court has said we must legislate for X, which does take into account the grounds of suicide," she said.

"The expert group says we must provide for life-saving abortions where suicide is affected.

"So really the personal opinions of Fine Gael TDs shouldn't really come into it."

Mark Kelly, director of the Irish Council for Civil Liberties (ICCL), described the findings as lucid and authoritative and a clear baseline for abortion law reform.

“(The Government) should seize the opportunity to thoroughly overhaul Ireland’s antediluvian laws on abortion, including by rendering lawful the termination of pregnancies involving fatal foetal abnormalities,” he said.