Be in the no

Q: What is the current legal status of abortion in Ireland?

A: Abortions can only be performed legally where the woman is facing a real and substantial risk to her life, whether that’s a risk of suicide or a medical threat if the pregnancy continues.

Q: What is the referendum asking us to ratify?

A: That the right to life of the unborn be protected by a new criminal offence act, the Protection of Human Life and Pregnancy Act.

Under this act, the risk of suicide will be ruled out as a legal ground for abortion in Ireland. This would effectively overule the legal precedent set by the "X" case in 1992.

Also under the act, a woman who tries to procure an abortion in Ireland, and anyone who helps her – even if this is simply by running a hot bath and buying a bottle of gin – will face up to 12 years in prison and an unspecified fine. You don't actually have to complete the abortion to be guilty of the crime.

This act would be given constitutional status, which means that it can only be repealed by another referendum, rather than by a vote in the Dail as with other laws. Illegal abortion would become a constitutional crime, unlike murder, armed robbery or rape. Treason is the only other crime given constitutional status.

Q: What will change if the yes vote wins and the referendum is passed?

A: Defences of abortion on social, psychological of psychiatric grounds will be prohibited. Risk of suicide will no longer be a legal ground for abortion. Women and their helpers seeking abortion in Ireland will be guilty of a crime that carries a maximum 12-year prison sentence.

Women who are suicidal because of pregnancy and who are in the care of the Health Board (ie female children in care, female prisoners, etc) will not only be denied life-saving abortions in Ireland, but they will no longer be allowed to travel to England for an abortion. This is because the Health Board cannot bring these women out of the country’s jurisdiction without court permission. But if the risk of suicide is no longer defensible in Ireland, courts won’t grant permission for health boards to effectively procure abortion abroad for suicidal women in their care. Under the new law, the raped, pregnant and suicidal 13-year-old girl in state care who was allowed to go to England for an abortion – the “C” case of 1997 – would be denied this right to travel for an abortion. Women and girls may die by suicide as a consequence of this denial.

While abortion will still be legal on medical grounds if there is a risk to the woman’s life* (though not to her health), three new conditions brought in by the amendment could seriously restrict the practice of life-saving terminations.

1. Under the new law, life-saving abortions could only be performed in an approved place, designated by the Minister for Health. The current minister has said that he will designate every hospital in Ireland. But a future minister could decide to designate only one or two hospitals. Women who need emergency terminations to save their lives may be too far from a place where abortions can be legally performed. Death of women is a possible consequence.

As it stands right now, life-saving terminations can take place in any hospital in Ireland.

(* Medical threats to the lives of women if their pregnancies continue include cancer, ectopic pregnancy and blood clotting.)

2. The new law brings in a conscientious objection clause for doctors. This allows them to ignore medical ethics and refuse to perform life-saving terminations. If a doctor refuses to provide the abortion required by a pregnant patient to save her life, there is no provision under the new law that he or she must pass the case on to another doctor who will help the patient. What if every doctor in the hospital refused to provide a life-saving abortion? Again, death of women is a possible consequence.

Presently there is no conscientious objection clause, and a doctor would be in breach of medical ethics if he or she refused to give a woman life-saving treatment.

3. Instead of being allowed to carry out legal abortions where there is “a real and substantial risk to the life of the woman”, as in current law, under the new law doctors would have to be sure of “a real and substantial risk of loss of the woman’s life.” This is a subtle restriction on when doctors can legally perform abortions. Presently doctors must be sure that the woman’s life is at risk; after the new legislation, they would have to be believe that the woman is about to die. This means that they will have to wait till later on in the pregnancy to terminate than they do now. This could result in added trauma, physical health problems and possible death for women awaiting life-saving abortions.

Doctors must perform abortions in accordance with these three conditions or it is a criminal offence.

The new criminal act on abortion – which criminalises both the woman and anyone who helps her try to have an illegal abortion – could have restrictive repercussions on pregnancy information and counselling.

Q: Will anything change if the no vote wins and the referendum is defeated?

A: No. The risk of suicide will remain alongside life-threatening physical conditions, as grounds for a legal abortion in Ireland. The government have threatened that a “no” vote will open a floodgate on abortion here; however, there is no evidence to back this up. In the past ten years we only know of two cases of suicidal women being granted permission to have abortions in Ireland: the “C” case mentioned above and the famous “X” case. Most suicidal women travel to England for abortions.

The right of women to the morning-after pill could still be legally challenged by anti-abortion groups under the new legislation.

Up to 7,000 Irish women this year – about 19 a day – will still travel to England for abortions. They are our sisters, daughters, mothers, relatives and friends.