THE Great Debate has finally begun.
After decades of uncertainty, years of anguish and months of controversy, the process has started that could herald the biggest change ever in Ireland’s law on abortion.
The Dáil has begun to discuss the recommendations of the all-party Oireachtas report on the Eighth Amendment to the Constitution. Tds have been considering its recommendation that the amendment be repealed and that provision be made to permit abortions up to 12 weeks without restriction.
Ireland’s politicians are finally coming to grips with a contentious issue that many of them have avoided for decades. The same should go for the electorate at large. We cannot leave this important and divisive issue solely to our political elite. It is up to each citizen to reflect, consider and, after deliberation, decide for themselves what the law should dictate.
Some people think that abortion is always wrong, whatever the circumstances. Some believe that abortion is permissible when the mother’s life or health is at risk. Others think that there is a range of circumstances in which abortion is acceptable, including rape, incest and fatal foetal abnormality.
We are not the only nation to grapple with this issue. In most European states the debate has centred on when the foetus becomes sufficiently human to have the right to life. However, there is no agreement in medicine, philosophy or theology as to what stage of foetal development should be associated with the right to life. The consensus is that abortion should be allowed, without restriction, up to 12 or 14 weeks.
We currently have one of the most restrictive laws on abortion in the world. Abortion is against the law in Ireland unless the pregnancy endangers the life of the woman. At present, a woman who seeks an abortion after rape can face an equal or longer prison sentence than her rapist – up to 14 years in jail.
So the question must be asked: even if abortion is considered distasteful or morally wrong, is the act of such a nature that we demand that anyone who procures or facilitates an abortion should receive such a lengthy jail sentence?
To help us in our deliberations, it may be useful to consider the position elsewhere. Abortion is legal in England, Wales and Scotland up to 24 weeks under the 1967 Abortion Act. However, if there is a substantial risk to the woman’s life or if there are foetal abnormalities, there is no time limit.
In Germany, abortion without restriction is permitted in the first trimester but only after a mandatory consultation period.
The position of the Catholic Church is that the right to life begins at conception and, therefore, abortion is wrong in all circumstances. The Church of Ireland takes a more nuanced approach, taking the view that the Constitution is not the best place to deal with such a complex moral matter.
Nevertheless, this is an issue that concerns us all. The decision we make in the next few months will have a major impact on the Ireland of the future so it is incumbent on all of us to give thoughtful reflection to the moral, social and legal implications of changing the law on abortion.