Friday, 11 May 2018

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term abortions concerned that legislators will not be able to legislate on this issue unless the eighth Amendment is repealed but she fails to mention that by far the most significant part of the proposed legislation is that abortion will be available, on request, up to twelve weeks.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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