Experts dismiss fears that the ‘floodgates will open’

Fears that allowing suicide as grounds for an abortion would “open the floodgates” are completely unfounded, TDs and senators were told yesterday.

Ciara Staunton of the NUI Galway School of Law said that “to suggest that there would be some sort of collusion between a pregnant woman and a doctor is not the case”.

She said: “We trust doctors in every other clinical judgment they make and we must continue to trust our doctors when it comes to abortion.”

She was responding to Fine Gael’s Mary Mitchell O’Connor, who claimed there is a “huge argument among the general public” that “the floodgates will open”.

She said people think under proposed laws, “women can go and get abortions because of giving an excuse that they want an abortion because of suicide”.

Legal experts said that under the terms of the X case rulings, a woman is “only entitled to a lawful abortion if she is suicidal due to pregnancy and her suicide can only be averted by terminating her pregnancy”.

Ms Staunton said the risk to a woman’s life does not have to be “imminent or proved beyond reasonable doubt” under the Supreme Court ruling.

Instead the test is that “on the balance of probability” there is real and substantial risk.

“The test, as explained by the Supreme Court, is that a woman is entitled to a lawful abortion if there is a real and substantial risk to her life which can only be averted by termination of the pregnancy.

“If at 35 weeks, for example, a woman’s life is in danger and her doctors recommend a termination of pregnancy, they should do so, provided she consents.”

Jennifer Schweppe, law lecturer in the University of Limerick, said there was “no question to answer as to whether suicide should justify the termination of a pregnancy where suicide is linked to pregnancy”.

She said: “To question its justification is to stigmatise mental health and to diminish our respect for medical practitioners...”

The Irish Council for Civil Liberties said that it “seems likely that any legislation on abortion would be subject to constitutional challenge” and therefore it would be “prudent” for President Michael D Higgins to consult with the Council of State on its implementation.