New abortion laws will take women and medics out of limbo - Gilmore

Ireland’s proposed new controversial abortion laws will take women and medics out of a legal limbo, Tanaiste Eamon Gilmore has claimed.

The Government has finally published the wording of the rules on when doctors can act to allow a termination after being agreed at special meeting of Cabinet ministers in Government Buildings yesterday.

Additions include the publishing of figures on how many terminations are carried out annually and broadening the category of the two psychiatrists allowed decide whether a pregnant woman’s life is at risk from suicide.

The Minister of Health, currently James Reilly, will also be given the power to suspend any of the 24 institutions deemed to be operating the act inappropriately.

However there is no limitation or time-frame to say at what stage a termination can be carried out until, and no “sunset clause” under which the legislation would lapse by a certain date unless renewed.

Dr Reilly said the decision by cabinet in approving the Bill comes in the wake of extensive work between the Government partners.

“We have produced what we consider to be a balanced set of proposals aimed at meeting the judgment of the European Court of Human Rights,” he said.

“I believe that pregnant women and their doctors will now benefit from the far greater legal clarity this Bill will bring.”

Mr Gilmore said if the Bill is passed, every one of the tens of thousands of pregnant women who are admitted to hospital every year will know that any action which may be needed to save her life in an emergency will be taken.

“If this Bill is passed there will be no need for worry, no reason for doubt on the part of the woman, her family or the medical professionals concerned,” the Labour party leader said.

The proposed bill was published on the Department of Health website overnight.

If enacted, the Protection of Life during Pregnancy Bill 2013 will legalise abortion where there is a real and substantial risk to the life of the mother, including the threat of suicide.

The Bill aims to legislate for the X case judgment from Ireland’s Supreme Court, which found abortion is legal if there is a real and substantial risk.

The case was taken by a 14-year-old rape victim who became pregnant and was refused permission to travel for an abortion.

The proposed law states one doctor will be required to certify that a termination is justified in the case of medical emergencies. In such emergencies, the doctor involved will be required to certify his/her actions within 72 hours.

Two medics must agree and certify where there is a physical threat to the life of the mother and the termination of pregnancy is the only treatment that will save the mother’s life. If possible, the woman’s GP will also be consulted.

In a case of a real and substantial risk to a woman’s life arising from suicide the assessment process will involve three specialists, including one obstetrician/gynaecologist and two psychiatrists – including one specialist with experience of dealing with the mental health of pregnant women – must jointly and unanimously agree and certify that the termination of pregnancy is the only treatment that will save the mother’s life.

In such cases also, where feasible, the woman’s GP will be consulted.

Review committees must make a decision in less than seven days, it added, and anyone caught intentionally destroying unborn human life will face up to 14 years in prison.

The Government committed itself to legislate on abortion after the death of an Indian dentist after she suffered a miscarriage in an Irish hospital.The long-awaited clinical report by the Health Service Executive into the care given to Savita Halappanavar will be published later today.

The European Courts of Human Rights also previously found Ireland had discriminated against a woman in remission with cancer who was forced to travel overseas for a termination.

Mr Gilmore said: “It is 21 years since the Supreme Court decided the X Case. In the intervening time a whole generation of women and their medical advisors has been in a legal limbo.

“I have long argued that it is high time for Government to do its duty and bring an end to this legal limbo. This Government will do just that.

“For most women, and their partners, the birth of their child is an occasion of great joy.

“Sadly, in a very small number of cases that joy turns to nightmare as the life of the woman is threatened and the termination of pregnancy is necessary in order to save her life.

“This is a hugely sensitive issue and the debate heretofore has been carried on, in the most part, in a responsible and respectful way. I hope very much that it will continue in that vein.”

Taoiseach Enda Kenny yesterday revealed that opponents of the reforms have branded him a murderer and sent plastic foetuses and letters written in blood over the contentious laws.

Meanwhile an opinion poll for the Irish Times shows that three quarters of voters approve of the proposed Government legislation and 52% are in favour of allowing abortion in cases of threatened suicide.