THE GOVERNMENT WILL examine the country’s first review of Ireland’s abortion laws which was carried out three years ago, Taoiseach Micheál Martin said today.

The review, which was published in 2023, recommended significant changes to the Ireland’s abortion legislation.

However, since the review was published, no action has been taken by subsequent government’s to address the concerns raised. 

The review, which was carried out by barrister Marie O’Shea, recommended that the required three-day waiting period to access a termination should no longer be mandatory. 

It also identified a lack of sufficient clarity in legislation on how certain sections of the Act should be applied and requests new ministerial guidelines regarding fatal foetal abnormalities.

Terminations can be carried out where there is a risk to the life, or of serious harm, of the pregnant woman, or where there is a condition present that is likely to lead to the death of the foetus either before or within 28 days of birth.

While the woman is decriminalised under the Act, it criminalises anyone who assists a pregnant person to obtain an abortion outside of the provisions of the Act, with a prison sentence of up to 14 years.

With over two million votes cast on 25 May 2018, the country voted by 66.4% to 33.6% to remove the eighth amendment of the Constitution, which gave equal status to the life of the mother and the life of the unborn.

At 64.5%, the turnout was one of the highest ever recorded for a referendum in this country and the highest of any referendum since 1992.

Fatal foetal abnormality 

Social Democrats leader Holly Cairns raised the case of Denise Whitmore with the Taoiseach today during Leader’s Questions. 

Denise spoke about her experience on the radio this week, describing how absolutely devastated she was to learn during a routine scan in November 2024 that her baby’s brain had not developed and that the condition was fatal.

“After much consideration, Denise and her husband Mark made the heartbreaking decision to terminate the pregnancy. However, because doctors could not be absolutely certain her baby would die within 28 days, as is required by current legislation, Denise was forced to travel to the UK for treatment,” Cairns told the Taoiseach today.

After the birth, a consultant in Liverpool warned them to put baby Éadha’s body in the boot of their car and smuggle her back to Ireland, due to the legal uncertainty of how repatriation is dealt with in such circumstances.

“When they got to the ferry, Mark declared they were bringing their daughter home, and they were gripped by fear that they might be arrested. This legislation is inhumane. If it were not for a kind worker at the ferry terminal allowing them to travel, they would not have been able to bring Éadha home,” the Social Democrats leader said. 

“Every year, 240 women have to travel to the UK to access abortion care; each one with their own story of grief, trauma and sheer horror at what they are forced to go through. It is a complete and utter disgrace,” said Cairns. 

Inaction by government on recommendations

She accused the government of inaction in not acting on the recommendations contained in the review of the legislation.

Related Reads

Vincent Browne: Let’s cease demanding more of women than we would dare demand of men

'I couldn't believe the injustice': Irish grandparents explain why they're voting Yes

Q&A: Why has the government chosen 12 weeks as the general time limit for abortion?

“For three years now, the Government has ignored these recommendations,” she said. 

Martin extended his deepest sympathies to Denise Whitmore, and her partner Mark on the tragic loss of baby Éadha.

He said various commitments were then given in respect of how the legislation was formulated after the referendum, stating that in many respects, one of the key motivations for many people who voted “Yes” to removing the eighth amendment was the experience of women who had been through fatal foetal abnormality.

“I met many of them, who told me the harrowing journeys they made to the United Kingdom and back. Certainly, I found it a very powerful, motivating factor for a proper humane response to a situation such as this,” he said. 

He thanked Denise Whitmore for speaking out, telling the Dáil that “we need to hear her voice and the voice of women in situations like this”.

“This Government will examine the review, and we will revert back to the House once that examination takes place,” said Martin, stating that he will consult with Health Minister Jennifer Carroll MacNeill on the matter. 

Since the Health (Regulation of Termination of Pregnancy Act) 2018 was enacted, a total of 575 terminations have occurred under section 11 of the Act from 2019 to 2024.

“The Deputy has indicated there are 240 who have had to travel to the United Kingdom. We need to hear from the experiences of those women to inform governmental and political reviews,” concluded the Taoiseach.