Conclusion (6)
In May 1996, the Constitution Review Group suggested five options
which are possible in order to clarify the law on abortion. Without a
Constitutional Amendment, the DARG believes that the fifth option
which they put forward is the most preferable. Thus, the application
of Article 40.3.3, as interpreted by the Supreme Court in the X case,
should be regulated by legislation. In this approach, the DARG is of
the same view as the Constitution Review Group. The DARG's central
aim, however, is a Constitutional Amendment to remove Article 40.3.3
by Constitutional Amendment.
The DARG would therefore recommend that as an immediate measure,
legislation should be introduced to implement the X case test,
covering such matters as definition of 'unborn', protection for
appropriate medical intervention, and the certification of 'real and
substantial risk to the life of the mother' (see the definitions
provided above).
However, the DARG would argue that a repeal of the Eighth
Amendment is necessary, in order to guarantee through legislation the
right of women to obtain free and freely available abortion in
Ireland.