(a) The Extent of Abortion among Irish women:
Facts and Figures
Since 1970, over 72,000 Irish women have had abortions in England (Irish Medical Times, Vol. 30 No. 6, Feb 4, 1996). In 1995, some 4,532 Irish women are recorded as having had abortions in Britain. Using these figures, the Irish abortion rate is 5.6 abortions per 1,000 women aged between 15 and 44 (the standard method of calucation, cited in Mahon, Conlon & Dillon, Women and Crisis Pregnancy, 1998, Dublin: Official Publications Office). Mahon et al also use an alternative measure, and calculate that in the same year, 8.5% of all conceptions (excluding miscarriages) ended in abortions.
This official figure may mask the number of Irish women having abortions in Britain, who give false addresses in Britain in order to conceal their identity or origin (See, e.g. p.2, Abortion Information Handbook, Irish Women's Abortion Support Group, May 1995).
These figures indicate that there is a need for abortion among Irish women. At present, for many Irish women this need is addressed through the relative ease of travel to Britain, and the provision of abortion by reputable clinics in Britain. However, for the most vulnerable women in our society; the young, the poor, the unwell, or those with disabilities, it is simply not enough that abortion is available in Britain. For those who are unable to travel, but who need to obtain abortions, Irish society at present offers no remedy.
(b) The Law on Abortion in Ireland:
The Extent of Legal Uncertainty
Abortion is constitutionally permissible under the Supreme Court judgment in the X case (AG v. X [1992] 1 IR 1), as confirmed more recently by the High Court in the C case (High Court, unreported, November 28, 1997), where there is a "real and substantial risk" to the life of the pregnant woman, which can only be avoided by a termination of her pregnancy. Further, although abortion is a criminal offence under sections 58 and 59 of the OAPA 1861, R. v. Bourne [1938] KB again provides that a doctor who performs an abortion where she or he believes that the continuance of the pregnancy would make the woman a "physical or mental wreck" has a full defence to these sections.
However, no doctors will perform abortions in Ireland at present, due to their lack of certainty over the law. Legislation is needed in order to clarify the situation. The DARG recommends that immediate legislation is necessary to implement the X case, to provide for legal abortion where the woman's life is at risk by reason of her pregnancy (see Section D of this submission); but the figures on abortion show that Irish women need, and indeed are obtaining, abortion, in a much wider range of circumstances than would be allowed for under the X case test.
(c) Changing Public Opinion on Abortion
Further, public opinion has recently tended to indicate a greater acceptance of the need for abortion in Ireland; in November 1992, the proposed Constitutional Amendment which would have restricted the X case test by ruling out suicide as a ground for lawful abortion was defeated; and in a recent Irish Times/MRBI opinion poll, 77% of those surveyed in December 1997 said they believed that abortion should be permitted in the State (See Irish Times report, December 11, 1997).
(d) Conclusion:
the Need for a Right to Abortion in Ireland
Given the reality of abortion in Ireland; given the clear expression of public opinion in favour of information and travel, and against restricting the ground for constitutional abortion, in 1992; given the recent expression of support for abortion rights; and given that Ireland is now marked out among EU countries, and indeed internationally, through our restrictive laws on abortion; there is clear need for change in the law to allow for free, and freely available, abortion in Ireland. In other words, Irish women should have the legal right to abortion.
In order to achieve this, the DARG believes that the Eighth Amendment must be removed, to allow for such a legal right to be established through enabling legislation. This is the only solution which will fully resolve the present legal uncertainty, and which will satisfy the long-term needs of Irish women.