My colleague, Ivana Bacik, says that, under the Government’s
proposed legislation, abortion “would not be lawful on the grounds of
disability” (April 28th).
The conclusion that might seem to follow is that disabled babies will
not be aborted. In fact, these proposals authorise the abortion of some
disabled babies at all stages of pregnancy. Babies of up to 12 weeks
will have their lives terminated for any reason, including disability of
any kind. Other disabled babies will be at risk of abortion in some
cases to the point of viability (Head 4) or up to birth (Heads 5 and 6).
I am, frankly, mystified at the claim that “late-term abortion would
not be permitted”. The proposals provide for “a medical procedure which
is intended to end the life of the foetus”, specifically up to birth in
cases falling under Heads 5 and 6. – Yours, etc,
WILLIAM BINCHY,
Sir, In recent days (May 1st), William Binchy and others have made
certain misleading comments about the draft Bill to regulate termination
of pregnancy published by the Government. The unfounded suggestions
about abortion of healthy babies after viability, or on grounds of
disability, have already been rebutted in these pages and elsewhere.
I would urge anyone with concerns to read the text of the Bill
itself, or to consult the excellent legal information website
aboutthe8th.com.
However, the most important fact about the draft Bill is that we as
legislators will not be able to debate it or introduce any provision for
legal abortion, on any ground, unless the referendum passes. Under the
Eighth Amendment, we cannot legislate for abortion even in cases of
serious risk to a woman’s health, rape or fatal foetal abnormality. Some
35 years and many tragic cases later, we should know that it is simply
not appropriate to regulate a complex health matter like abortion
through the rigid legal text of our Constitution. – Yours, etc,
IVANA BACIK,
I note that Ivana Bacik is much engaged about the interpretation of the
legal position of late term abortions concerned that legislators will
not be able to legislate on this issue unless the eighth Amendment is
repealed but she fails to mention that by far the most significant part
of the proposed legislation is that abortion will be available, on
request, up to twelve weeks. This is an aspect of the proposed
legislation that those in favour of repeal are very reluctant to
address.
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