Risk to life or health in emergency 5
(1) Notwithstanding the generality of Head 4, or any determination made or pending pursuant to Head 11 of an application under Head 8(2), it shall be lawful to carry out a termination of pregnancy in accordance with this Head, where a medical practitioner is of the reasonable opinion formed in good faith that –
(a) there is an immediate risk to the life of, or of serious harm to the health of, the pregnant woman, and
(b) it is immediately necessary to carry out the termination of pregnancy in order to avert that risk.
(2) A termination of pregnancy referred to in subhead (1) shall be carried out by the medical practitioner referred to in that subhead.
(3) Where a medical practitioner –
(a) subject to paragraph (b), proposes to carry out a termination of pregnancy referred to in subhead (1), he or she shall, before carrying out termination of pregnancy concerned, certify the matters referred to in subhead (1)(a) and (b), or
(b) proposes to carry out the termination of pregnancy without first making such certification because it is not practicable to do so, he or she shall make such certification as soon as may be but, in any event, not later than 72 hours after the carrying out of the termination of pregnancy concerned.
DIVIDING LINES This refers to the termination of pregnancy when there is a risk to the life or serious harm to the health of a mother in an emergency situation.
The section states it will be lawful to carry out a termination when one medical practitioner is of the reasonable opinion that there is an immediate risk to the life of the pregnant woman, or of serious harm to her health. There are no gestational limits applied in these circumstances.
Those opposed to the repeal of the Eighth Amendment allege this will allow for abortions up to full term.
Those in favour say obstetricians will not terminate pregnancies beyond the point of viability, which is 24 weeks of pregnancy.No gestational limits apply in the existing Protection of Life during Pregnancy Act, and a majority on both sides support this law.
‘‘ Those opposed to repeal allege this allows abortions up to full term