Varadkar says accepting recommendations on Eighth a ‘strong option’

Taoiseach Leo Varadkar is understood to have told his TDs and Senators that accepting the findings of the Oireachtas Committee on the Eighth Amendment is a "strong option".

Mr Varadkar told a meeting of the Fine Gael parliamentary party that putting the committee's conclusions of repealing the amendment in a referendum would be a strong option.

It was stressed, however, that he did not give his own personal views or opinion and warned there would be downsides if a referendum along the lines of the committee’s recommendations were to fail.

He also outlined other scenarios about how to proceed on the abortion issue.

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In a document presented to Fine Gael TDs and Senators at the meeting, chair of the Oireachtas committee Catherine Noone explained how the committee made its decisions.

On the issue of repeal, Ms Noone said the committee’s legal advisor presented members with six options on how to proceed.

“Repeal simpliciter gave the highest level of certainty and flexibility.”

Ms Noone said the committee believed it should be lawful to terminate a pregnancy where a female becomes pregnant as a result of a rape or incest.

“It can be difficult to prove that a rape occurred (without going through a lengthy prosecution process) and the committee agreed that we should avoid any form of verification as this could result in further traumatisation of the victim.

“We agreed to a general provision allowing termination up to 12 weeks in view of the complexities involved in legislating for rape and incest.”

On the issue of whether abortion should be provided in the cases of a foetal abnormality, Ms Noone said the committee did not accept this was a valid ground for terminations.

“Issues around stigmatisation of people with disabilities and in particular misinformation about policies of other States with regard to Downs syndrome were to the forefront of the committee members’ minds.”

Ms Noone addressed each of the recommendations and offered explanations as to why the committee madethem.

She concluded: "Irish women are taking abortion pills which they procure on the internet using An Post in many cases, unsupervised by their GP. I personally knew very little at all about this in advance of my involvement with the committee.

“Cases of rape and incest are impossible to legislate for. Every day of the year at least 10 women travel to the UK and other countries to access termination services.”

It is understood Louth TD Peter Fitzpatrick, who was a member of the Oireachtas committee, gave a lengthy address to the parliamentary party meeting outlining his strong opposition to the report’s recommendations.

Meanwhile, the Dáil debate on the Oireachtas committee report has been postponed until Wednesday. This is to allow for additional time for each individual member to speak. It had been provisionally slotted in for 10 minutes but now each member will have 20 minutes.

Speaking before the meeting, Minister for Health Simon Harris said the Government should accept the recommendations of the Oireachtas committee.

Mr Harris is in favour of repealing the Eighth Amendment of the Constitution, which outlaws abortion in Ireland in most cases, according to The Irish Times abortion referendum tracker.

Check the referendum tracker here:

[ irishtimes.com/news/politics/referendum-tracker ]

While some in Fine Gael accept the recommendations, Mr Harris said others will campaign differently on it. However he stressed the time had come for people to have their say on the matter.

What is the Eighth Amendment?

Article 40.3.3 of the Constitution, also known as the Eighth Amendment, was inserted into the Constitution after a referendum in 1983. The amendment guarantees to protect as far as practicable the equal right to life of the unborn and the mother.

It states: “The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.”

This article was interpreted by the Supreme Court in its judgment in the X case in March 1992. It ruled that abortion is permissible in the State where the continuation of the pregnancy poses a real and substantial risk to the life, as opposed to the health, of the mother and where such a risk could not be averted except by means of an abortion. A substantial risk to the life of the mother included a risk of suicide.