The Oireachtas health committee has been asked by a Government Senator to resume abortion hearings to establish if fatal foetal abnormality legislation compatible with the Constitution can be drafted.
Labour Senator Ivana Bacik wrote to Fine Gael's Jerry Buttimer, chair of the health committee, yesterday.
Her move comes after legislation to allow for abortion in cases of fatal foetal abnormality proposed by Independent TD Clare Daly was defeated in the Dáil on Tuesday, with Labour backbencher Anne Ferris voting against the Government in support of the Bill.
The committee held extensive hearings in spring 2013 ahead of the drafting of contentious abortion legislation.
In her letter, Ms Bacik said the introduction of legislation on fatal foetal abnormality “could help to support women, couples and families affected each year in Ireland by the tragic diagnosis”.
Criteria
She asked if the health committee would undertake a review of relevant law to examine if it would be possible to draft legislation, compatible with article 40.3.3 of the Constitution, setting out the criteria whereby terminations of pregnancy might lawfully be carried out.
Ms Bacik said she was aware the Government had received advice from the Attorney General that the text of the previously proposed Protection of Life in Pregnancy (Amendment) (Fatal Foetal Abnormalities) Bill 2013 was not compatible with article 40.3.3 of the Constitution.
“However, I believe that, without any constitutional amendment, it would be possible to draft legislation within the constraints of article 40.3.3 to deal specifically with cases of fatal foetal abnormality,” Ms Bacik said.
Foetus
The Senator said the legislation would have to be highly restrictive in nature and could probably only apply to cases where there was no prospect of the foetus being born alive.
“In the small number of cases to which such legislation could apply, its introduction could enable women, couples and families to exercise a choice as to whether to continue or terminate the pregnancy in Ireland.
“So I would ask that your committee might undertake a review of this specific issue, seeking advice of and input from relevant legal and medical experts if necessary.”
Mr Buttimer said the committee would consider Ms Bacik’s request at its meeting today. He said he was mindful of the sensitivities involved and said it was important that the committee consider the submission carefully.
