Abortion review to recommend sweeping changes to existing law

A review into the State’s abortion law is set to recommend sweeping changes including the decriminalisation of doctors, a change to the waiting period to access termination medication and changes to the granting of abortions in the case of fatal foetal abnormalities.

Barrister Marie O’Shea was tasked with examining the effectiveness of Ireland’s abortion regime which was introduced in 2019 following a successful referendum to repeal the Eighth Amendment the previous year.

A source has said that Ms O’Shea’s report will recommend 10 legislative changes and will also contain 60 operational recommendations.

It is understood the report recommends that in terms of the three-day wait, which is the current period of time a woman must wait before being given access to abortion medication after requesting it, the law should be changed to instead give women a statutory right to a reflection period only if she wants it. The Irish Times previously reported that the review would recommend changes to the three-day waiting period.

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Another major recommendation could see the removal of the existing criminalisation measures against medical practitioners, which is a feature of the existing law.

At present, doctors face up to 14 years in prison if they provide abortion care outside the specific circumstances laid out in the law.

Furthermore, changes are recommended for women who need to access an abortion beyond 12 weeks in the case of fatal foetal abnormality.

The current legislation allows for abortion only in cases where two medical practitioners form a reasonable opinion the foetus will likely die before or within 28 days of birth.

It is understood the review says that instead, where medical practitioners have formed an opinion in good faith based on the knowledge available to them that a pregnancy would result in a fatal foetal abnormality, then a termination could proceed.

[ The three-day waiting period for abortion: the case for its removal ]

[ The three-day waiting period for abortion: the case for retention ]

In another significant finding, the review is also understood to recommend tweaks to the existing 12-week limit for accessing terminations without condition, but in specific limited circumstances. This relates to circumstances where a woman was unable to access a foetal scan within that time frame, or where abortion medication was not effective within that time.

Another recommendation would see strict obligations put on healthcare workers to refrain from providing misinformation.

Minister for Health Stephen Donnelly is expected bring the report to the Cabinet as early as next week.

Mr Donnelly will publish the report after it goes to the Cabinet, and it will also be referred onwards to the Oireachtas Committee on Health for further consideration.

The report, along with Mr Donnelly’s recommendations to the Cabinet, will reignite the political debate around abortion access in Ireland.

The current law mandated a review of how the services were operating, with such a review to be carried out within three years of the start date of the legislation.

Ms O’Shea’s work encompassed the views of women using the service, service providers such as hospitals, as well as a public consultation.

A number of politicians have called for the removal of the waiting period, including People Before Profit TD Bríd Smith, Soc Dems leader Holly Cairns and Labour leader Ivana Bacik.

Aontú, however, has said women should wait five days to get access to termination medication.

The report is also understood to have examined the issue of conscientious objection and received preliminary observations from a Trinity College Dublin (TCD) research team which is examining the issue.

The Termination of Pregnancy 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.