I feel the legislation is unequal - it will create two classes of women

The Church of Ireland does not approve of abortion but I cannot support this referendum, writes Archbishop Walton Empey.

The Church of Ireland does not approve of abortion but I cannot support this referendum, writes Archbishop Walton Empey.

The debate around the 25th constitutional referendum has become emotional in recent weeks, not because people don't know where they stand on the basic issues, but because they are grappling with the strategic implications of a Yes or No vote.

At this point, it is useful to revisit the Church of Ireland's agreed position on key aspects of the issues that offer us fixed points of reference and that have been developed as this issue was discussed on a number of occasions since the early 1980s.

The Church of Ireland has never approved of abortion. It has allowed that where the mother's life is in danger and there is strict medical necessity for treatment that would have the secondary effect of terminating the pregnancy, then such treatment should be undertaken. This position has been expressed in statements from the Church of Ireland since 1983 and relates to an earlier statement from the 1958 Lambeth Conference.

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Statistics quoted about suicide risk in pregnant and post-partum women and in women who terminate pregnancies are inconclusive. Many Church of Ireland members would be reluctant to make absolute exclusions on this basis. They would want the option of reviewing cases on an individual basis to be retained. The Church of Ireland has consistently held the view that an issue such as abortion cannot be dealt with by constitutional amendment alone; we have adhered to this principle at all times since 1983. Such a complex matter, we believe, can only be handled through detailed legislation.

I find myself concerned about certain matters, which are revealed when one reads the text closely. For example, the definition of woman as a "female person" under Schedule Two 1.3 may be reasonable in terms of permitting a pregnant woman of any age in medical difficulties to receive medical attention.

But the same extension of meaning ensures that a minor is equally liable to the penalties mentioned in Schedule Two 2.3. This paragraph states that any person aiding, abetting or procuring any other person to perform an abortion "shall be guilty of an offence and shall be liable on conviction or indictment to imprisonment for a term not exceeding 12 years or a fine or both". I feel very uncomfortable with that juxtaposition. Firstly, I am unclear whether the Government intends to start prosecuting in this area, where it has not done so historically.

Secondly, I feel the legislation is unequal. These penalties, were they to be applied, are clearly most likely to be incurred by the most vulnerable women in our society - distressed teenagers and women who cannot afford to access their constitutionally-guaranteed right to travel. This implicitly creates two classes of women. Those who are old enough and have sufficient economic means to travel to another jurisdiction and those who do not.

Another matter about which I am concerned is the issue of "approved places" where medical practitioners may carry out procedures that result in the termination of a pregnancy.

Surely the principle established in the referendum is that women will receive all medical care necessary? If this is the case then that attention would surely be offered by any qualified medical practitioner wherever he or she is located. I find myself taking issue with the principle and the implication that qualified medical practitioners cannot be trusted to act according to the law and therefore must be subject to some sort of additional "approval" by the State.

Other people have raised concerns that relate to the uneven delivery of other aspects of our medical services. Will these approved places be scattered all round the country far from a woman in trouble?

Further debate is raging around the legality of the morning-after-pill following the referendum. The Church of Ireland position is to consider this a form of contraception. As a Church, we would therefore support its continued availability.

There is no doubt that there will be Church of Ireland members who prayerfully disagree with me, and those who have, equally prayerfully, come to the same conclusion.

What I am certain of is that Christian principles lie at the heart of our discussion within the Church and that Christ's will, will prevail.

Walton Empey is Church of Ireland Archbishop of Dublin and Glendalough