Abortion in Ireland – what happens next?

What is the next step?

Abortion will not immediately be available to women within Ireland.

The eighth amendment – article 40.3.3 of the Irish constitution – which previously prohibited abortion, will be replaced with a clause stating: “Provision may be made by law for the regulation of termination of pregnancy.”

The Irish government is planning to bring legislation before the Dáil, providing for abortion on request up to the 12th week of pregnancy, with a three-day “cooling off” period before abortion medication is administered.

Ireland’s health minister, Simon Harris, said on Saturday he would ask for cabinet approval as early as Tuesday to turn the draft law into a formal legislative text. The prime minister, Leo Varadkar, said he planned to have the new law enacted by the end of the year.

Between 12 and 24 weeks, abortion will be available only in cases of fatal foetal abnormality, a risk to a woman’s life or a risk of serious harm to the health of the mother. After 24 weeks, termination will be possible in cases of fatal foetal abnormality.

There will be provision for conscientious objection among medical practitioners, although doctors will be obliged to transfer care of the pregnant woman to another doctor.

How does this compare with elsewhere in Europe?

Most European countries allow abortion on request up to 12 weeks. Iceland permits it up to 16 weeks, Sweden 18 weeks and the Netherlands 22 weeks.

Abortion is banned in all circumstances in Malta, and in Poland and Cyprus it is only permitted in cases of grave risk to the health of the mother, fatal foetal abnormality, rape and incest.

In the UK, abortions can be carried out up to 24 weeks with the agreement of two doctors. Abortions after 24 weeks are allowed only if the woman’s life is at risk or the child would be born with a severe abnormality.

The law does not apply in Northern Ireland, where terminations are outlawed bar in the most exceptional circumstances.

Are abortion rights at risk anywhere?

The conservative government of Poland, which already has one of the strictest abortion laws in Europe, has proposed tightening it further by banning abortion in cases of severe foetal disorders, including Down’s syndrome.

This month, President Trump’s administration confirmed it would revive the “gag rule”, proposed but never implemented by Ronald Reagan, which bans federal funds going to health clinics that provide or refer women to abortion services.

Several US states are also tightening access to abortion. Iowa has enacted a law to ban abortion after a foetal heartbeat is detected, usually about six weeks. Mississippi recently banned abortion at 15 weeks, and a similar bill in Louisiana has been passed and is awaiting the governor’s approval.

Abortion is completely prohibited in El Salvador, Dominican Republic, Nicaragua, and highly restricted in many other South American countries.