Mandatory three-day wait to access abortion 'should be made optional', report states

Health Minister Stephen Donnelly said it is 'totally and utterly unacceptable' that only 11 of the country's 19 maternity hospitals are providing abortion services. Picture: Brian Lawless/PA Wire

An unpublished review of the State’s abortion laws has recommended that the three-day wait to access medication for termination be made optional.

The 340-page review, due to go to Cabinet on Tuesday, includes 10 recommendations on legal issues and more than 60 on operational issues.

The Irish Examiner understands the report stops short of explicitly recommending the full removal of the three-day wait to access an abortion, but instead suggests patients be given the right to decide whether they want to wait or not.

It is understood the report states that amendments be made "to substitute the mandatory three-day waiting period with a mandatory obligation on medical practitioners to advise the pregnant woman that she has a statutory right to a reflection period, which she may exercise, at her own discretion".

Another option would be to allow anyone seeking an abortion to have her second consultation with a GP over the phone instead of an in-person appointment.

Telemedicine was used in these circumstances during the covid pandemic, and this practice is also suggested in the review, according to senior sources.

The report is expected go to the Oireachtas health committee for assessment after it is brought to Cabinet next week. Committee members will then make recommendations to Health Minister Stephen Donnelly on the legislation.

The review is expected to be a “sensitive” matter for the Coalition, due to differing views as well as a call from campaigners to completely remove the three-day wait.

Barriers to access

Under the existing law, two consultations are required for anyone who wishes to access an abortion if they are within the 12-week gestational period.

Three days must elapse between the first and second consultations; however, campaigners have been calling for this measure to be removed, as they believe it acts as a barrier to access to abortion, including costs.

It is understood that the report particularly acknowledges the northwest, midlands, and border counties where people have to travel further for consultations.

It is also understood that the intention is to begin working on the operational issues outlined as soon as possible with engagement with the HSE, the Irish College of General Practitioners (ICGP), and other agencies.

These include widening the access to abortion services across the country, as currently only 500 GPs provide the service, and there is too much geographical disparity.

Work will begin on addressing the costs of accessing abortion, access to hospitals without fear of reprisal, and prosecuting those who give false information, or those who stop people from accessing terminations.

Cabinet ministers are expected to receive the report on Friday ahead meeting on Tuesday.

The Termination of Pregnancy Act provided for a review of the law three years after its implementation.

Terminations are also permitted after 12 weeks if there is a risk to the life or health of the mother, or in cases where it is judged the foetus will die before, or within, 28 days of birth.

Speaking in the Dáil on Thursday, Mr Donnelly said it is "totally and utterly unacceptable" that only 11 of the country's 19 maternity hospitals are providing abortion services.

He said he is working with the HSE to increase the figure from 11 to 17 this year, and to include all 19 maternity hospitals early next year.