The
death last month of Halappanavar, who was denied an abortion of her
dying foetus and later died of blood poisoning, shocked the
predominantly Roman Catholic country and spurred the government to act
on an issue it had delayed for decades.
Abortion
was banned in all circumstances by a constitutional amendment in 1983,
but when challenged by a 14-year-old rape victim in the so-called
"X-case" nine years later, the Supreme Court ruled a termination was
permitted when the woman's life was at risk, including from suicide.
Successive
governments sidestepped the politically divisive issue of clarifying
the circumstances under which the mother's life could be judged to be at
risk. Some members of the ruling Fine Gael party have indicated that
they may not be able to back the new legislation.
"The
drafting of legislation, supported by regulations, will be within the
parameters of Article 40.3.3 of the constitution as interpreted by the
Supreme Court in the X case," the government said in a statement on
Tuesday.
"The
legislation should provide the clarity and certainty in relation to the
process of deciding when a termination of pregnancy is permissible,
that is where there is a real and substantial risk to the life, as
opposed to the health, of the woman."
The
death of Halapannavar, an Indian living in Ireland, highlighted the
lack of clarity in Irish law that leaves doctors in a legally risky
position and re-ignited the abortion debate, leading to large protests
by both pro-choice and pro-life groups outside parliament and around the
country.
The
European Court of Human Rights said in 2010 that Ireland must clarify
its law, a ruling which led to the commissioning of an experts' report
which said a woman was still only lawfully entitled to an abortion when
there was a real and substantial risk to her life.
Members
of Prime Minister Enda Kenny's conservative Fine Gael party, including
minister for European Affairs Lucinda Creighton, have expressed
particular misgivings that the inclusion of suicide in any new
legislation could lead to abortion on demand.
There
was no specific reference to the risk of suicide as grounds for an
abortion in the government's statement which said further decisions
would be made at a later stage relating to "policy matters that will
inform the drafting of the legislation"
Kenny
has said that he expects the government to vote as one on the issue,
meaning that any defectors could be expelled from his party.
While
this would be unlikely to threaten the government's large majority, it
would be a blow after the junior coalition Labour Party, which has
campaigned for a clarification of the country's abortion rules, expelled
its fifth member in less than two years last week for voting against
budget cuts.
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