Here are our 12 recommendations based on the direct experience of the people who have encountered the legal and medical reality created by the 2018 abortion legislation in Ireland.

 

  1. Amend the Health (Regulation of Termination of Pregnancy) Act 2018 to permit
    abortion under s. 11 in situations of serious foetal anomaly (including but going
    beyond conditions likely to lead to death before or shortly after birth).

  2. Amend s. 23 of the Health (Regulation of Termination of Pregnancy) Act 2018 to
    fully decriminalise abortion.

  3. Ensure the full and appropriate resourcing of the maternal health system

  4. Amend clinical guidance to ensure that in all cases where a foetal anomaly is
    diagnosed, consideration be given to both s.s. 9 (risk to life or health) and s. 11
    (condition likely to lead to death of the foetus) in assessing whether a termination
    of pregnancy may lawfully be provided.

  5. Revise clinical guidance on termination of pregnancy under s.s. 9 and 11 to be less
    burdensome for clinicians and pregnant people, to centre the pregnant women
    more fully in the assessment, and to ensure timely decision-making.

  6. Revise the clinical guidelines to make clear that multidisciplinary teams are not
    required to make a legally-significant determination under s. 11, although they
    may be appropriate to make clinical recommendations to the pregnant woman.

  7. Amend the Health (Regulation of Termination of Pregnancy) Act 2018 to require
    notification of cases where s. 11 assessments concluded that a woman did not
    qualify for termination of pregnancy under the Act, indicating the relevant foetal
    diagnosis and allowing for on-going evidence-based assessment of the (in)adequacies of the Act

  8. Amend s. 13 of the Health (Regulation of Termination of Pregnancy) Act 2018 to
    ensure that, in all cases, women receive a determination within 5 days of having
    sought the review.

    • Amend s. 13 of the Health (Regulation of Termination of Pregnancy) Act 2018 to
      ensure that, where a foetal anomaly is diagnosed but it is determined that s. 11 is
      not satisfied, a review is (i) automatically initiated without the need for the woman to seek one, and (ii) completed within 3 days of its initiation.
    • Train healthcare workers and design healthcare facilities to ensure that women
      who receive a diagnosis of foetal anomaly are treated with sensitivity, given full
      information about the diagnosis in language and forms they can understand,
      assured privacy and confidentiality, and provided with support and timely healthcare in all circumstances
  9. Reform clinical care pathways to ensure that, where appropriate and chosen
    by the pregnant person, referrals are made promptly to healthcare facilities in
    England and Wales or another appropriate jurisdiction to enable the transfer of
    medical records and files and the provision of continuity of care before and after
    termination for medical reasons

  10. Ensure that the costs of accessing termination for medical reasons in another
    jurisdiction are borne by the state through its usual arrangements for overseas
    healthcare provision