Sunday Tribune

Explain ‘serious risk’ in abortion

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DURING the recent Claire Byrne Live abortion debate on RTE 1, Dr Peter Boylan, in reference to the Irish government’s proposal for abortion between 12 weeks and viability (24 weeks), claimed that this would only apply in the case of “serious risk”.

He was either mistaken or he was being disingenuo­us.

Under Head 4 of in the government’s general scheme for the terminatio­n of pregnancy, a terminatio­n (defined in the scheme as “a medical procedure which is intended to end the life of the foetus”) will be lawful where “there is a risk to the life, or of serious harm to the health of the pregnant woman”, her child has “not reached viability” (ie 24 weeks gestation), and “it is appropriat­e to carry out the terminatio­n of pregnancy to avert that risk”.

One is drawn to the words “serious harm”. Of far greater significan­ce, might prove to be in practice are the phrases, “there is a risk…” and “it is appropriat­e… in order to avert that risk.”

“A risk” could be any risk. “Appropriat­e… to avert” does not preclude resort to terminatio­n where the risk identified is otherwise entirely manageable or treatable.

If the government intended this clause to be restrictiv­ely interprete­d, so as to preclude resort to abortion where the risk is otherwise manageable, it would have added “save where that risk may be averted by any other appropriat­e means”.

If the Eighth Amendment is repealed and replaced by the Oireachtas with legislatio­n for the government’s preferred wording,it can be expected that this view (substituti­ng Oireachtas for government) will be urged on any court. Under Head 4, the averting of an identified risk would be deemed at least as appropriat­e by terminatio­n (abortion) as by any other means. I believe this is how any legislatio­n adopting the wording of Head 4 would be applied by “pro-choice” doctors, and interprete­d by the courts, following removal of the last constituti­onal right of the unborn child, not to be killed.

CATHAL QUINN Letterkenn­y Ireland

 ?? PICTURE: NABEELAH SHAIKH ?? Religious leaders from the National Interfaith Council of South Africa at Durban City Hall last week to condemn the attack at the Imam Hussain Mosque in Verulam.
PICTURE: NABEELAH SHAIKH Religious leaders from the National Interfaith Council of South Africa at Durban City Hall last week to condemn the attack at the Imam Hussain Mosque in Verulam.

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