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Citizens’ Assembly recommends that risk to the mother’s life is a valid reason for termination

written by Elaine McCallig April 23, 2017
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Ms Justice Laffoy, chairperson of the Citizens’ Assembly announced the results of Ballot 4b this afternoon, which indicates an overwhelming consensus that Ireland’s abortion laws need to be reformed, with 99% of the assembly believing that a real and substantial risk to the life of the woman is a valid reason to have a termination.

Moreover 89% of members voted that rape should also be legitimate grounds for termination.

The results also demonstrate a shift of societal attitudes since the 1992 abortion referendum, in which 65.5% of voters argued that the risk of suicide should not be grounds for an abortion – whereas today’s results indicate that just 5% believe that the risk of suicide should not be a legitimate reason to terminate a pregnancy.

This final meeting on the Eighth Amendment went on for two hours longer than expected this afternoon due to the complexity of voting and counting.

Ballot 4b was voted on today by members of the assembly, which concerned reasons to be included in subsequent legislation in which a termination of pregnancy should be lawful, including the gestational limits, if any, that may apply.

The votes will form the recommendation that will go to the House of the Oireachtas, meaning a possible Constitutional Referendum.

The Citizens’ Assembly must now turn their attention towards discussing the four other issues prescribed by the House of the Oireachtas, which are; challenges faced by an ageing population, fixed term parliaments, the way in which referenda are conducted, and how the Irish State can tackle climate change.

This follows the three ballots yesterday; the results of which outline that Article 40.3.3 should not be retained in full, and instead should be amended, with the Oireachtas having exclusive power to make the law on these issues.

 

There were thirteen reasons listed on ballot 4b; the results of which can be read below.

Reason 1: Real and substantial risk to the life of the woman. 1 (1%) said this should never be a reason for termination, whereas 82 (99%) said it should.

8 (10%) said up to a 2 week gestation only, 12 (15%) said a 22 gestation only, and 62 (76%) said there should be no restriction. There were 4 members who ticked the ‘prefer not to state an opinion’, and one invalid vote.

 

Reason 2: Real and substantial risk to the life of the woman by suicide. 4 (5%) said this should never be a reason, whereas 95% said it should.

9 (11%) said up to a 12 week gestation only, 22 (28%) said up to 22 weeks gestation only, and 48 (61%) said there should be no restriction as to gestational age. 4 did not state an opinion.

The voting results for reason two indicate a massive shift of societal attitudes since the 1992 abortion referendum, in which 65.5% of voters argued that the risk of suicide should not be grounds for an abortion.

 

Reason 3: Serious risk to the physical health of the woman. 6 (7%) said this should not be a reason, whereas 76 (93%) said it should.

12 (16%) said up to a 12 weeks gestation only, 21 (28%) said up to 22 weeks, and 43 (57%) said there should not be a restriction. 5 prefered not to state an opinion.

 

Reason 4: Serious risk to the mental health of the woman. 8 (10%) outlined that this should never be a reason. 74 (90%) said it should be a reason.

15 (20%) said up to 12 week gestation only, 24 (32%) said up to 22 weeks gestation, and 35 (47%) said there should be no restrictions. 5 members did not state an opinion, and there was one invalid vote.

 

Reason 5: Serious risk to the health of the woman. 8 (9%) said this should never be a reason, whereas 91% said it should be allowed.

12 (16%) said up to a 12 week gestation period, 25 (32%) said up to a 22 week gestation period, 40 (52%) said with no restriction. 3 members prefered not to state an opinion.

 

Reason 6: Risk to the physical health of the woman. 18 votes, or 21%, voted that this should never be a reason for termination, whereas 66 members, or 79%, agreed it should be grounds for a termination.

12 (18%) said that termination should be allowed up to 12 weeks gestation, 26 (39%) said up to 22 weeks gestation, and 28 (42%) voted for no restriction as to gestational age. 3 members prefered not to state an opinion.

 

Reason 7: Risk to the mental health of the woman. 18 (22%) argued this should not be a reason, whereas 63 (78%) said it is a valid reason.

12 (19%) said up to a 12 week gestational period, 31 (49%) said up to 22 weeks, and 20 (32%) said there should be no restriction. 6 members chose to not state an opinion.

 

Reason 8: Risk to the health of the woman. 18 (22%) said this should never be a reason. 78% said it should.

10 (15%) said up to 12 weeks, 30 (46%) said up to 22 weeks, and 25 (38%) said there should be no restriction as to gestational age. 4 did not state an opinion.

 

Reason 9: Pregnancy as a result of rape. 9 (11%) said this should never be a reason for termination, however 73 (89%) said it should.

23 (32%) said up to a 12 week gestation only, 25 (34%) said up to a 22 week gestation period, and 25 (34%) believe there should be no restriction as to gestational age. 4 members did not state an opinion, and there were two invalid votes.

Ms Justice Laffoy had to exercise her casting vote due to the tie, voting for the 22 week gestation period.

 

Reason 10: The unborn child has a foetal abnormality that is likely to result in death before or shortly after birth. 10 (11%) said this should never be a reason. 77 (89%) said this should be a valid reason.

6 (8%) said up to 12 weeks gestation only, 18 (23%) said up to 22 weeks gestation, and 53 (69%) said there should be no restriction.

 

Reason 11: The unborn child has a foetal abnormality that is not likely to result in death before or shortly after birth. 17 (20%) said this should never be a reason, whereas 80% said it should.

9 (14%) said up to 12 weeks, 32 (48%) said up to 22 weeks, and 25 (38%) said there should be no restrictions. 3 members chose not to state an opinion.

 

Reason 12: Socio-economic reasons. 23 (28%) said this should never be a reason, however 72% think this should be a reason.

24 (40%) said up to 12 weeks, 30 (50%) said up to 22 weeks, and 6 (10%) said there should be no restriction of gestational age. 4 did not state an opinion.

 

Reason 13: No restrictions as to reasons. 29 (36%) said never for this reason, with 64% saying it should be completely unrestricted.

25 (48%) said up to 12 weeks gestation only, 23 (44%) said up to 22 weeks, and 4 (8%) said there should be no restriction as to gestational age. 6 did not state an opinion.

 

Ms Justice Laffoy concluded by saying; “This weekend we have reached a conclusion of sorts as you the members have fulfilled the first task that the Houses of the Oireachtas asked you, having comprehensively considered Article 40.3.3 as set out in the Constitution, you have made your recommendations known, and these recommendations at a minimum have called for a change to the status quo.”

The recommendations garnered over the weekend have “provided a clear map” for her final report to the House of the Oireachtas, which will be submitted in late June.

She added “the Oireachtas members will certainly know which way this assembly is recommending that legislation be enacted to deal with termination of pregnancy, any rights of the unborn, and any rights of the pregnant woman.”

She acknowledged that the results of the vote was not to everyone’s satisfaction, however she stressed that “this is an exercise in deliberative democracy, and your vote remains important because of the very fact it captures that other perspective – that dissenting voice… [your vote] will have a valuable place in the report.”

Although there were several tense moments over the duration of the weekend, “the spirit of collegiality prevailed.”

Ms Justice Laffoy also stated that the work of the Citizens’ Assembly has brought new information into the public sphere, and the withdrawal of polarizing perspectives is invaluable.

The assembly have heard from twenty five experts in the medical, ethical, and legal fields, as well as from women who shared their own experiences with the Eighth Amendment.

She concluded by thanking everyone involved in the process, particularly the members.

 

The last referendum held in Ireland on the topic of abortion was in 1992, meaning that no one under the current age of 43 would have been able to vote.

 

To watch today’s meeting in full, you can view it by clicking the video below:

Citizens’ Assembly recommends that risk to the mother’s life is a valid reason for termination was last modified: April 23rd, 2017 by Elaine McCallig
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Tags:
1992Article 40.3.3ballot 4bCitizen's AssemblyEighth AmendmentResults
Elaine McCallig

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