The reality of the new abortion law in Ireland.

Catholic Lawyers Blog -

Irish Abortion Bill will change the law. Kenny’s Abortion Bill
reduces the Constitutional Provision protecting the unborn to a footnote .The
suicide ground is a red herring The Devil is in the detail. (part 4)

“The ambition of the abortion campaigner is always the death of the child” ACLI


“reasonable opinion” means an opinion formed in good faith which has regard to the need to preserve unborn human life as far as practicable” Protection of Life During Pregnancy Bill 2013


The wording of the definition of “reasonable opinion”  demonstrates ill will by the Irish Government.

The Constitutional Provision protecting the unborn requires that

“The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and as far as practicable, by its laws to defend and vindicate that right.” Article 40.3.3 Bunreacht na hEireann)

The point has been made in a previous post that the very law which presently protects the unborn child, s.58  and s.59 of the Offences Against the Person Act 1861, is to be thrown aside. Here I am concerned with what attempt is made in this legislation to provide the unborn with the constitutional right to be respected, defended and vindicated by the statute laws of the land.

In effect this constitutional protection has been reduced to a footnote, or an “Explanatory Note”.

Here we see it; briefly acknowledged:

“Reasonable opinion” The definition of “reasonable opinion” requires that this opinion must be formed in good faith and must have regard to protect and preserve unborn human life where practicable. The registered medical practitioner(s) will be obliged to record this opinion in writing if certifying a procedure that will end unborn human life. This definition is intended to place a duty on certifying medical practitioners to preserve the life of the unborn as far as practicable, and is influenced by the Twenty-fifth Amendment of the Constitution (Protection of Human Life in Pregnancy) Bill 2001 (section 1)

From the Protection of Human Life in Pregnancy Bill 2013.

It is freely admitted herein that this “footnote” is “influenced” by the 2001 Bill. More of that later.

For now, having reduced the unborn child’s constitutional protection so glibly to an aside regarding the abortion doctors apparently subjective “reasonable opinion” regarding deciding to end the life of that unborn child, what more, even at the basic minimum could have been done for that constitutional protection to have been upheld?

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2 Responses to The reality of the new abortion law in Ireland.

  1. dianeofdromonigd May 3, 2013 at 11:40 pm

    I read the Constitution quite often for reference, is this not a referendum issue? Or is Bunreacht already dead? I think not, the government have some more lessons to learn methinks!

  2. Pingback: [link] A Brief History of Abortion in Ireland |


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