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Health (Regulation of Termination of Pregnancy) Act 2018

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Health (Regulation of Termination of Pregnancy) Act 2018
Oireachtas
  • An Act to provide for and regulate termination of pregnancy; to make provision for reviews at the instigation of a pregnant woman, or a person on her behalf, of certain medical opinions given in respect of pregnancy; to make available without charge certain services to women for the purpose of termination of pregnancy in accordance with this Act and, for that purpose, to amend the Health Act 1970 and certain other enactments; to provide for offences in respect of the intentional ending of the life of a foetus otherwise than in accordance with this Act; to amend the Bail Act 1997; to repeal the Regulation of Information (Services outside the State for Termination of Pregnancies) Act 1995, the Protection of Life During Pregnancy Act 2013 and provisions of certain other enactments; and to provide for matters connected therewith.
CitationAct 31 of 2018
Considered by32nd Dáil
Passed5 December 2018
Considered by25th Seanad
Passed13 December 2018
Signed byMichael D. Higgins
Signed20 December 2018
Commenced1 January 2019
Legislative history
First chamber: 32nd Dáil
Bill citationBill 105 of 2018
Introduced bySimon Harris
Introduced27 September 2018
First reading27 September 2018
Second reading4 October 2018
Third reading5 December 2018
Committee report27 October 2018
Second chamber: 25th Seanad
Member(s) in chargeMinister for Health (Simon Harris)
Second reading5 December 2018
Third reading13 December 2018
Committee report11 December 2018
Repeals
Keywords
Abortion
Status: In force

The Health (Regulation of Termination of Pregnancy) Act 2018 (Act No. 31 of 2018; previously Bill No. 105 of 2018) is an Act of the Oireachtas (Irish parliament) which defines the circumstances and processes within which abortion may be legally performed in Ireland. It permits termination under medical supervision, generally up to 12 weeks' pregnancy,[clarification needed] and later if pregnancy poses a serious health risk or there is a fatal foetal abnormality.[1]

Prior to 2018, abortion was legal only where pregnancy presented "a real and substantial risk to the life" of the woman, as mandated by the 1983 Eighth Amendment of the Constitution and regulated by the Protection of Life During Pregnancy Act 2013. A referendum on 25 May 2018 approved the Thirty-sixth Amendment of the Constitution, which in effect repealed the Eighth Amendment and empowered the Oireachtas to legislate for abortion. The Health (Regulation of Termination of Pregnancy) Bill was published on 27 September 2018 and signed into law on 20 December 2018. The act came into force on 1 January 2019.[2]

Key provisions

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The law allows for a termination:

  • under section 9, where there is a serious risk to the life or of serious harm to the health of a pregnant woman, after examination by 2 medical practitioners;
  • under section 10, in cases of emergency, where there is an immediate serious risk to the life or of serious harm to the health of a pregnant woman, after an examination by one medical practitioner;
  • under section 11, where two medical practitioners are of the opinion formed in good faith that there is present a condition affecting the foetus that is likely to lead to the death of the foetus either before, or within 28 days of, birth; and
  • under section 12, where there has been a certification that the pregnancy has not exceeded 12 weeks, and after a period of 3 days after this certification.

Under section 23, it is an offence punishable by a fine or imprisonment of up to 14 years to intentionally end the life of a foetus outside the provisions of the Act. This offence does not apply in the case of a woman ending her own pregnancy.

Background

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Main article: Citizens' Assembly (Ireland) § Eighth Amendment

Prior to 2018, abortion was legal only where pregnancy presented "a real and substantial risk to the life" of the woman, as mandated by the 1983 Eighth Amendment of the Constitution and regulated by the Protection of Life During Pregnancy Act 2013. After the 2016 general election, a Citizen's Assembly was established by Oireachtas resolution and tasked with reporting on several issues, the first being "the Eighth Amendment of the Constitution". It began discussion in November 2016 and finally voted in April 2017 on a range of questions. Its first recommendation was to replace the constitutional prohibition with a mandate for the Oireachtas to legislate on abortion. It then provided a range of recommendations for circumstances in which the Oireachtas might legislate to allow abortion. The assembly's formal report was laid before the Oireachtas on 29 June 2017[3] and referred to a special Oireachtas Joint Committee for consideration. The committee met from September to December 2017 and produced its own report, recommending the same constitutional amendment as the assembly but a slightly more liberal statutory regime. The assembly had recommended allowing termination on grounds of rape or incest, but the committee felt it would be impossible to provide adequate proof for such cases and instead opted for an unrestricted provision of termination within 12 weeks' gestation.[4] Their report was debated in the Dáil between 17 and 25 January 2018[5] and again on 21 February.[6] Simon Harris, the Minister for Health, began by saying:

I want to recognise that the recommendations contained in the Committee’s report represent the views of the majority of members, but that there was not unanimous agreement on them. I respect the views of those who dissent from the recommendations but I do believe they are the basis on which we must proceed on this issue.

A referendum on 25 May 2018 approved the Thirty-sixth Amendment of the Constitution, which in effect repealed the Eighth Amendment and empowered the Oireachtas to legislate for abortion. Legal challenges delayed enactment of the amendment until 18 September 2018.

Legislative history

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A General Scheme of a Bill to Regulate Termination of Pregnancy was published by the Department of Health in March 2018, prior to the passage of the Thirty-sixth Amendment.[7] A second general scheme for the bill was published by the Department of Health in July 2018.[8]

The Health (Regulation of Termination of Pregnancy) Bill was introduced into the Dáil Éireann on 27 September 2018 by the Minister for Health Simon Harris. It passed final stages in the Dáil on 5 December, where it was approved by 90 votes to 15, with 12 registered abstentions.[9] Peadar Tóibín was suspended from Sinn Féin for defying the party whip to vote against the bill. He left the party to found Aontú.

On 13 December 2018, the bill passed final stage in Seanad Éireann by 27 votes to 5.[1]

On 20 December 2018, the bill was signed into law by President Michael D. Higgins. On 21 December 2018, the Minister for Health issued the statutory instruments specifying the act's commencement date,[10] and the regulations for certifications,[11] notifications,[12] and reviews of decisions.[13] On 1 January 2019, the act commenced.[10]

Implementation

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Main article: Abortion in the Republic of Ireland

The first annual report on the Act's operation, covering the calendar year 2019, was laid before the Houses of the Oireachtas on 30 June 2020 by the Minister for Health. The report revealed that in 2019 there had been 6,666 terminations in the State under the Act's provisions, of which 21 were on grounds of risk to life or health.[14]

Annual Reports of notifications in accordance with the Health (Regulation of Termination of Pregnancy) Act 2018
For
year 		Report date Number of terminations by risk Number of terminations at early pregnancy Total Refs
Health Emergency Foetus
2019 30 June 2020 21 3 100 6,542 6,666 [15]
2020 29 June 2021 20 5 97 6,455 6,577 [16]
2021 13 July 2022 9 2 53 4,513 4,577 [17]
2022 22 June 2023 22 4 88 8,042 8,156 [18]
2023 28 June 2024 21 7 129 9,876 10,033 [19]

References

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Sources

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  • Reddy, Lianne M.; Nolan, Ann (October 2018). "Bill digest : Health (regulation of termination of pregnancy) bill 2018" (PDF). Oireachtas Library & Research Service. Retrieved 3 January 2019.
  • "Health (Regulation of Termination of Pregnancy) Act 2018". Irish Statute Book. Attorney-General of Ireland. 20 December 2018. Retrieved 10 January 2019.

Citations

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  1. ^ a b Conneely, Ailbhe (13 December 2018). "Abortion legislation passes all stages of Oireachtas". RTÉ.ie.
  2. ^ "Abortion legalised in Ireland as president signs bill". RTÉ.ie. 20 December 2018.
  3. ^ "The Citizens' Assembly Publishes Report and Recommendations on the Eighth Amendment of the Constitution" (Press release). Citizens' Assembly. 29 June 2017. Retrieved 29 June 2017.; Staines, Michael (29 June 2017). "Citizens' Assembly report on Eighth Amendment delivered to government". Newstalk. Dublin. Retrieved 29 June 2017.
  4. ^ Joint Committee on the Eighth Amendment of the Constitution (20 December 2017). "Report" (PDF). Oireachtas. Retrieved 30 April 2019.
  5. ^ "Report of the Joint Committee on the Eighth Amendment of the Constitution: Statements". Dáil debates. KildareStreet.com. 17 January 2018. Retrieved 30 April 2019.; "Report of the Joint Committee on the Eighth Amendment of the Constitution: Statements (Resumed)". Dáil debates. KildareStreet.com. 25 January 2018. Retrieved 30 April 2019.
  6. ^ "Report of the Joint Committee on the Eighth Amendment of the Constitution: Statements (Resumed)". Dáil debates. KildareStreet.com. 21 February 2018. Retrieved 30 April 2019.
  7. ^ "General Scheme of a Bill to Regulate Termination of Pregnancy" (PDF). Department of Health. 27 March 2018. Retrieved 18 September 2018.
  8. ^ "General Scheme of a bill entitled Health (Regulation of Termination of Pregnancy Bill 2018" (PDF). Department of Health. 10 July 2018. Retrieved 18 September 2018.
  9. ^ "Health (Regulation of Termination of Pregnancy) Bill 2018". Oireachtas. Retrieved 2 October 2018.
  10. ^ a b Harris, Simon (21 December 2018). "S.I. No. 594 of 2018: Health (Regulation of Termination of Pregnancy) Act 2018 (Commencement) Order 2018" (PDF). Irish Statute Book.
  11. ^ Harris, Simon (21 December 2018). "S.I. No. 596 of 2018: Health (Regulation of Termination of Pregnancy) Act 2018 (Certification) Regulations 2018" (PDF). Irish Statute Book.
  12. ^ Harris, Simon (21 December 2018). "S.I. No. 597 of 2018: Health (Regulation of Termination of Pregnancy) Act 2018 (Notifications) Regulations 2018" (PDF). Irish Statute Book.
  13. ^ Harris, Simon (21 December 2018). "S.I. No. 595 of 2018: Health (Regulation of Termination of Pregnancy) Act 2018 (Application for Review of Relevant Decision) Regulations 2018" (PDF). Irish Statute Book.
  14. ^ "Annual Report of notifications in accordance with the Health (Regulation of Termination of Pregnancy) Act 2018" (Press release). Department of Health. 30 June 2020. Retrieved 30 June 2020.
  15. ^ "Annual Report of notifications in accordance with the Health (Regulation of Termination of Pregnancy) Act 2018" (Press release). Department of Health. 30 June 2020. Retrieved 30 June 2020.
  16. ^ "Annual Report of notifications in accordance with the Health (Regulation of Termination of Pregnancy) Act 2018" (Press release). Department of Health. 29 June 2021. Retrieved 29 June 2021.
  17. ^ "Annual Report of notifications in accordance with the Health (Regulation of Termination of Pregnancy) Act 2018" (Press release). Department of Health. 13 July 2022. Retrieved 13 July 2022.
  18. ^ "Annual Report of notifications in accordance with the Health (Regulation of Termination of Pregnancy) Act 2018" (Press release). Department of Health. 27 June 2023. Retrieved 27 June 2023.
  19. ^ "Annual Report of notifications in accordance with the Health (Regulation of Termination of Pregnancy) Act 2018" (Press release). Department of Health. 28 June 2024. Retrieved 28 June 2024.
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