Donnelly receives final report on review of State’s abortion laws

A detailed review of the State’s abortion laws has been sent to the Minister for Health Stephen Donnelly, kicking off a process that will see the abortion regime come under the political spotlight once again.

Barrister Marie O’Shea was last year appointed as the independent chairwoman of the review and she has submitted her final report to Mr Donnelly.

A spokesman for Mr Donnelly said he would consider its findings and bring a memo to Cabinet within weeks. It will then be published. “The Minister has received the report. After he has reviewed it, he intends to bring it to Cabinet and publish it. The Minister expects to publish it in mid April.”

While one source said the report could result in a broadening of the laws around abortion, another cautioned that this could be politically difficult as the referendum on the Eighth Amendment was won under particular terms that were presented to the public. Before the referendum the Government outlined what the legislation would look like if there was a Yes vote.

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The National Women’s Council (NWC) has argued that key changes to the legislation are “urgently needed”. They have also called for the report to be published without delay.

The NWC said the criminalisation of doctors, the mandatory three-day waiting period and the 12-week limit are “all limiting access to abortion for those who need it and this review must lead to evidence-led legislative reform”.

The Oireachtas health committee may also be keen to examine the findings of the report.

The Termination of Pregnancy Act provided for a review of the legislation three years after its implementation. This work began a year ago. The Act, which came into effect on January 1st, 2019, provides abortion without restriction up to 12 weeks gestation, subject to a three-day waiting period.

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.

The Pro Life Campaign has argued that the review must take into account “the urgent need to provide women in unplanned pregnancies with positive alternatives to abortion”. They also said the report “must consider the issue of foetal pain relief”.

Politicians have argued for widespread changes to abortion laws, with some proposing a less restrictive regime and others pushing for stricter rules.

[ Research on conscientious objection ‘vital’ before final report submitted - abortion review chair ]

[ Plans for ‘safe zones’ to access abortion clinics being worked on ]

Some 7,000 submissions were made during a public consultation process.

Aontú proposed the 12-week limit be tightened to 10 weeks, while it said the three-day wait should be made longer. The party wants women to wait five days to get access to termination services and medication.

Labour Party leader Ivana Bacik, in her party’s submission, called for a repeal of the three-day waiting period saying it “disproportionately affects abortion access for those who live outside of urban areas, in places where there are limited or no abortion providers, and who are financially or socially vulnerable”. She also called for an extension of the 12-week limit so that women could access abortions for a longer period.

Green Party TD Neasa Hourigan called for the decriminalisation of abortion in all circumstances.

Other politicians who argued for a more relaxed system include Labour Senator Rebecca Moynihan and Social Democrats leader Holly Cairns. Ms Cairns said the framework for those seeking abortions after week 12 was being interpreted “within a highly conservative framework”. She said that in Ireland just 97 of a total of 6,577 abortions provided in 2020 were on the grounds of fatal foetal anomaly.