Sir, – Rev Patrick G. Burke (October 5th) pronounces that "even if our courts did resist the call for abortion on demand on the basis of other existing constitutional rights, most likely the European courts would force it upon us. So repealing the Eighth would lead, it seems to me, inevitably to abortion on demand in this country."
If we are to avoid emulating the Brexiteers, it is imperative that suggestions of potential European over-reach are examined closely for their basis in fact. In reality, the European Court of Human Rights held in the A, B, & C case (December 2010) that Article 8 of the European Convention on Human Rights "cannot ... be interpreted as conferring a right to abortion".
Your correspondent may be pleased to hear that the court went on to accept that “There can be no doubt as to the acute sensitivity of the moral and ethical issues raised by the question of abortion or as to the importance of the public interest at stake. A broad margin of appreciation is, therefore, in principle to be accorded to the Irish State in determining the question”.
“Europe” is not the bogeyman in all instances – and certainly not when it comes to abortion. – Yours, etc,
CATHAL MALONE, BL
Carrigaline, Co Cork.
Sir, – In the ongoing debate about legal consequences of a referendum to repeal the Eighth Amendment, contributors like William Reville (October 4th), who condemn English law on abortion, have conveniently ignored a glaring truth; that the English 1967 Act represents the effective law on abortion for Irish women. In 2015 alone, 3,451 women from Ireland had abortions in England under this Act – nine women every day. In order to meet their reproductive health needs, Article 40.3.3 of the Constitution must be repealed. But repeal would not tie the hands of legislators.
Far from it, as Prof Fiona de Londras eloquently points out (October 5th), as repeal would actually enable the Oireachtas to legislate for the grounds on which women may legally access abortion here.
Those who argue that any Irish legislation, however restrictively drafted, would inevitably lead to “abortion on demand”, should take note that in the two years since the enactment of the Protection of Life During Pregnancy Act 2013, just 52 terminations of pregnancy have been carried out in Ireland to save women’s lives. So much for the “floodgates” argument made by the anti-choice campaigners who opposed the Act so vocally.
Just as the sky did not fall in when we introduced divorce, or when we voted for marriage equality, so too will the sky remain intact over Ireland if we repeal the Eighth Amendment. It will just mean empowering our own legislature to make provision for the thousands of women in crisis pregnancy who currently have to seek medical services abroad. – Yours, etc,
Senator IVANA BACIK,
Leinster House,
Dublin 2
Sir, – There is nothing “inevitable” about a referendum to repeal the Eighth Amendment. The only political party that actively campaigned for repeal in this year’s general election was Labour, which came close to electoral annihilation. The other left-wing parties are making some noise about repeal at the moment, but at election time, they correctly judged that there were far more votes for them in opposing water charges. In short, no political party has been given a clear mandate to go down this particular path.
Journalists seem obsessed with abortion, but it is an issue which still stubbornly refuses to take off among the general public. It is obvious that it is a very important issue to small minorities on both sides, and it is equally obvious that the pro-life minority (of which I am a member) is about double the size of the pro-choice minority. Much was made of the numbers attending the recent pro-choice rally, which got a lot of media coverage beforehand and filled one side of Merrion Square, but a pro-life rally in 2013 (protesting against X case legislation) filled two sides, having received little or no media coverage in advance.
Anyone who doubts the accuracy of what I have written here might consult with Fianna Fáil and Fine Gael canvassers before having a go at me. These canvassers will tell you that the abortion issue arose on the doorsteps only infrequently in 2016, but that when it did, it was raised far more often by pro-life voters. I hope that these two parties will now employ common sense and ignore the incessant media clamour for a referendum. The money would be far better spent on perinatal hospice care. And they will lose more votes than they will gain. – Yours, etc,
JIM STACK,
Lismore,
Co Waterford.