Although the Expert Group have assiduously avoided making a recommendation it seems clear that the preferred option is to repeal and replace the 1861 Act and follow up with regulations to reflect modern clinical practice, They warn that the complexity of the legislation will mean that it will take some time to complete it….no time to lose then!

Its beyond shameful that the government leaked details of this report to the media before it was seen even by TDs who will be voting on legislation introduced on the foot of it. Hopefully fine gael will see fit to protect womens health instead of their own political hides.

Summary, Danial.

5
SUMMARY OF REPORT

In December 2009 the European Court of Human Rights (ECtHR) heard a case
brought by three women in respect of the alleged breach of their rights under
the European Convention for the Protection of Human Rights and Fundamental
Freedoms (the Convention) in regard to abortion in Ireland (the A, B and C v
Ireland
1
case).

The judgment of the Court in A, B and C v Ireland confirmed that Article
40.3.3° of the Constitution is not inconsistent with the Convention. The
European Court of Human Rights accepted that Article 40.3.3° of the Irish
Constitution, as interpreted by the Supreme Court, provides that it is lawful to
terminate a pregnancy in Ireland if it is established as a matter of probability
that there is a real and substantial risk to the life, as distinct from the health, of
the mother, which can only be avoided by a termination of the pregnancy. This
has not been altered by this judgment.

The Court found that:
• There had been no violation of their rights under the Convention in respect
of the first and second applicants, Ms A and Ms B, and it dismissed their
applications.
• There had been a violation of the applicant’s right to private and family life
contrary to Article 8 of the Convention in the case of the third applicant, Ms
C. The Court held that there was no accessible and effective procedure to
enable her to establish whether she qualified for a lawful termination of
pregnancy in accordance with Irish law.

The Government established the Expert Group comprising of persons with
appropriate medical, legal, regulatory and administrative expertise to advise on
how to implement the judgment.

The Expert Group was asked to recommend a series of options on how to
implement the judgment taking into account the constitutional, legal, medical,
and ethical considerations involved in the formulation of public policy in this
area and the over-riding need for expeditious action.

This report provides background information on the topic of termination of
pregnancy in Ireland, and details the outcome of the discussions of the Group.

Chapter 1 is the Introduction and sets out the terms of reference of the Expert
Group.

Chapter 2 gives an overview of the current legal provisions governing
termination of pregnancy in Ireland.

Chapter 3 outlines the historical background to the legal developments that
have taken place on abortion over the last 30 years or so.

Chapter 4 describes the European Court of Human Rights judgment in A, B and
C v Ireland and its legal implications.

Chapter 5 presents the principles adopted by the Expert Group for the
implementation of the judgement in A, B and C v Ireland.

Chapter 6 sets out procedural options. These options include the test to be
applied to determine entitlement to termination of pregnancy in Ireland, the
criteria for doctors responsible for the decision-making process, and a formal
appeals process.

Chapter 7 outlines the implementation options for the procedure presented in
the previous chapter and the legal implications of the judgment. Statutory and
non-statutory options are examined and discussed with reference to
constitutional, legal, and procedural considerations.

Chapter 8 is the Conclusion.

Appendix I – Membership of the Expert Group

Appendix II – Terms of Reference

Appendix III – Overview of international law on abortion

Have it in full to read online here https://soundmigration.wordpress.com/2012/11/27/the-expert-group-report-on-abortion-read-it-in-full-here/

Is there a summery or executive summery you can post? I can’t open the link…

Who are you referring to when you say the “abortion people”, might you mean pro choice people? For most woman it is an extremely difficult choice to make, one that she takes a huge amount of time to think and agonise over. Most women make this choice with all the facts laid out for them and all the information and help they’ll need for after care and counselling. Most women are making the best choice they can with the information they have at that time. A heartbreaking choice, a very sad choice, a needed choice. Most women have that choice in Europe.
Women in Ireland should also have this choice.

The Expert Report was precluded by its Terms of Reference from addressing any possible change to the Constitutional status quo. Article 40.3.3 causes a legal stalemate between the pregnant woman and the foetus in case of conflict. This produces a highly dangerous situation for a small but unacceptable number of pregnant which can be life threatening or even cause death.

In the anxiety to provide constitutional protection for foetuses, the lives of some women are sacrificed so as to ensure that abortion in Ireland remains highly restrictive. Shameful. Legislation will not provide a solution.

Anything to protect the td’s middle aged brigade from a belt of the crozier and to protect their seats with the help of the pro life zealots in any future election.women’s health is way down the list of priorities.

Clear as muck ! Only a committee could have written it !

Oh my lord Michael O’ Toole, how on earth did I forget Labour. Big thank you on the reminder…FG. & LB.

no wonder it took so long lawyers involved

As tragic as the case of Savita Halappanavar and her death in pregnancy a few day’s later…….the media plus the abortion people have no right to hijack, this tragedy to their advantage!!!

What or who are abortion people? Katie easy answer those who are using the death of this unfortunate women and child to try and Legalize abortion in Ireland. Compassionate people you call Galway pro-choice,i would call these people sinister and baby killers. This so called compassion does not care about the unborn baby , behind the murder of the unborn there is a Lot of money to be made by doctors dealing in death similar to the concentration camps of Natzi Germany. Strange these compassionate people can support the killing of the unborn and yet maybe love their own children, have they a conscience.

The only solution is to repeal Article 40.3.3 of the Constitution by means of Referendum, repeal Sections 58 and 59 of the Offences Against the Person Act, 1861 by amending legislation and leave the decision on the preservation or termination of the foetus to the pregnant woman who, in consultation with clinicians, can be trusted to decide for the best.

Bad law must never ever be allowed to threaten or take the life of a woman again as as a result of a legal stalemate producing paralysis of medical treatment.

Contrary to the views of the pro-life supporters, pregnant women avail of abortion for very serious and substantial reasons. Relegating the right to life of a woman to mere parity with a foetus is discriminatory and insulting.

The debate so far demonstrates the impossibility of designing a legal regime which can be guaranteed not to throw up potential legal problems in the middle of an emergency situation.