Three-day abortion wait could be removed while preserving option for reflection, committee told

The Bill, currently being considered by the Oireachtas health committee, would remove the statutory three-day waiting period between an initial consultation and a termination of pregnancy. File picture

Removing the mandatory three-day waiting period for an abortion would not prevent women from taking a period of reflection before proceeding, health officials have told an Oireachtas committee.

The Department of Health said it intends to propose an amendment to a Sinn Féin private members’ Bill to ensure “the option of a reflection period is preserved” if the mandatory requirement is removed.

The Bill, currently being considered by the Oireachtas health committee, would remove the statutory three-day waiting period between an initial consultation and a termination of pregnancy.

Department of Health principal officer Pamela Carter said advice had been sought from the Attorney General over the wording of the proposed legislation.

She said this related to “unintended consequences of the wording as drafted in the Bill, that in any way would prevent a woman from an optional reflection period”.

‘Higher impact’ on some women

Dr Cliona Murphy, clinical director with the HSE National Women and Infants Health Programme, said the existing three-day requirement could have a greater impact on women in difficult circumstances.

For some women, she said, the delay may not make “too much of a difference”, but it could affect those who need to arrange childcare or who are from more marginalised communities.

“Certainly it does make a higher impact on those who are closer to timing out,” she told committee chair Pádraig Rice.

“The combination between our strict 12-week cut-off and the 3-day wait does impact on women who through no fault of their own found out about the pregnancy later, or there are still people who are not aware of the legislation.”

Dr Murphy said that if the committee approves the Bill, work would begin on changing the model of care to reflect the removal of the mandatory wait.

Dr Aoife Mullally, national clinical lead for the HSE’s Termination of Pregnancy service, said women had different needs when it came to considering their decision.

“Some women will need a period of reflection, some women will need a longer period of reflection. They may need several in-person visits either with their GP or with hospitals,” she said.

“Other women will not, so I don’t think we can describe a one-size fits all model right now.”

No clinical reason for mandatory wait

The medical witnesses also told the committee they were not aware of clinical reasons for retaining a mandatory three-day waiting period.

Dr Mullally referred to evidence from the World Health Organization on mandatory waiting periods.

“For most women, mandatory waiting periods do not impact the woman’s certainty in abortion decision,” she said.

“And certainly as an abortion care provider; that is something that I would see very clearly when I meet women.” Dr Murphy said the existing system could create particular difficulties for women approaching the legal 12-week limit.

Calls for more data

Several politicians also questioned the lack of detailed data on women accessing abortion services, including those who do not proceed with a termination and their reasons for doing so.

Fianna Fáil TD Pádraig O’Sullivan called for the HSE to examine those reasons in greater detail.

He said he was “uncomfortable” relying on data from other sources referred to during the discussion.

Aontú Senator Sarah O’Reilly argued that greater consideration should also be given to women who decide to continue with their pregnancies after seeking advice.

“The 3-day wait is a crucial safeguard for women, women who have contacted me,” she said.

She added: “women who have kept their babies. Those women have not been talked about here today.”