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Leah Farrell/RollingNews.ie

Explainer: Here's what the proposed legislation says about abortion up to six months

New billboards launched this week have raised questions about access to terminations after 12 weeks if the Eighth Amendment is repealed.

AS THE EIGHTH REFERENDUM approaches, questions have been raised about how later term abortions would be handled in this State if the Eighth Amendment is repealed and the Health Minister’s proposed legislation is approved.

New billboards from the Save the 8th campaign show a young baby, with the caption: “I had no idea…They want to legalise abortion up to 6 months”.

The billboards were launched this week, along with a position paper on the provision for terminations after 12 weeks that is included in draft legislation proposed by Health Minister Simon Harris.

The bill proposes to legalise abortion up to 12 weeks in all circumstances.

Yes campaigners, including Minister Harris himself, have said there will be an effective ban on late-term abortions - terminations that take place after the foetus is viable.

Responding to the new billboards yesterday, Professor Louise Kenny said:

“Beyond 12 weeks, termination will only occur in exceptional circumstances – specifically if there is a grave risk to the health or the life of the woman, or if there’s a significant foetal life-limiting abnormality.

“Therefore I don’t know why the Save the 8th side and their protagonists are claiming that we would terminate healthy foetuses on spurious ground up to 24 weeks. The proposed legislation is quite clear.

The worst thing for me is to talk about six months of pregnancy and yet have a six-month-old baby conflated on the poster. I think the Irish people are actually quite intelligent and they’ll see what that is, it’s a manipulative visual ploy. The babies and foetuses that are on the posters are not representative of my reality in the job that I do.

What are these new billboards about?

Head of communications for the campaign, John McGuirk, told reporters that the provision allowing terminations up to viability in limited circumstances “has not been discussed” and “all of the media attention so far has been on the 12 weeks provision”.

No one has talked about what happens after that and, by and large, the government has been allowed to get away with saying it will be very restrictive after that…

He said it is important to note that this provision covers a serious risk to the woman’s health, including a serious risk to her mental health, as a reason for a termination after 12 weeks.

There is a similar provision in the UK abortion legislation. It allows for a termination in cases where the pregnancy has not exceeded the 24th week [the six month of pregnancy], but where the continuance of pregnancy would involve greater risk to the woman’s physical or mental health than if it was terminated.

McGuirk pointed out that mental health was the reason for 97% of abortions in the UK in 2016.

However, he later acknowledged that in the majority of these cases in Britain, the termination occurs before 12 weeks. UK figures for 2016 show that 92% of abortions were performed under 13 weeks’ gestation.

McGuirk said the government will try to argue that there is a “substantial difference” between the UK legislation and the proposed legislation for Ireland, as the bill here states there must be a “serious risk” to the woman’s health

He said the Yes campaign sees this provision as too restrictive and Save the 8th is concerned that access to later-term abortion could increase in the future, if the Eighth Amendment is removed from the constitution.

McGuirk said the public is “angry” about the lack of information being provided about access to terminations after 12 weeks and the point of the new billboards is to start that conversation.

So what does the draft legislation say about terminations after 12 weeks?

In the proposed legislation, Head 4 deals with these situations.

It states:

It shall be lawful to carry out a termination of pregnancy in accordance with this Head where two medical practitioners certify that, in their reasonable opinion formed in good faith:

  • there is a risk to the life of, or serious harm to the health of, the pregnant woman,
  • the foetus has not reached viability, and
  • it is appropriate to carry out the termination of pregnancy in order to avert that risk.

Of the two medical practitioners, one would be an obstetrician. The second would be a practitioner appropriate to the situation.

The two doctors would have to agree that all three of the above conditions were being met.

Would this affect many cases?

Government ministers, as well as experts in the area of obstetrics, have stressed that terminations after 12 weeks will only occur in small numbers and under strict conditions.

Taoiseach Leo Varadkar last week made reference to the provision for terminations after 12 weeks.

He stressed that late-term abortions will be illegal in Ireland if the Eighth Amendment is repealed, and Minister Simon Harris’ draft legislation is approved:

A spokesperson for the Minister for Health explained how this legislation would work in the small proportion of cases where it would be required:

In cases where there is a risk to the life, or of serious harm to the health, of a woman, termination would not be lawful beyond viability. The viability of the foetus would be assessed and agreed by two doctors, one of whom would be an obstetrician/gynaecologist.
If viability is established and the pregnancy is ended on health grounds, then it will be done through early delivery, with a full medical team on hand.

When is viability and when would early delivery kick in?

The spokesperson said Dr Peter Boylan, chair of the Institute of Obstetricians and Gynaecologists has said that once viability is reached, the pregnancy would end in a delivery rather than an abortion.

Dr Boylan has spoken in the past about the limited circumstances in which an abortion would be performed after 12 weeks.

“Viability has moved back from 28 weeks when I was training, now to 23 or 24 weeks,” he explained earlier this month.

There is no saying that it won’t go further and if we have legislation, then we can reduce the time limit by which an abortion would be legal. In other words, that foetal viability will be the measure of, beyond which, babies will be delivered and not aborted.

This means that under the legislation, a termination could only be carried out in these limited circumstances between 12 and 24 weeks, if the foetus has not reached viability.

These terminations would be surgical procedures carried out under general anaesthetic and the pregnancy would be removed through the cervix by a special forceps.

If it has reached the stage of viability, there would be an early delivery by  Caesarean section and practitioners would provide medical care to the premature baby.

Speaking to TheJournal.ie, Dr Mark Murphy, a GP who is involved in the Together4Yes campaign, pointed out that a termination in cases where the pregnant woman is suicidal is already legal in Ireland under the Protection of Life During Pregnancy Act. He said there have been “one or two cases a year” since this legislation was introduced.

“After 12 weeks, for the very few indications for life-threatening illness, often in an emergency obstetrics setting, it will be a surgical delivery as is done at the moment,” he said.

“This is  a small country and under this legislation abortion is essentially ruled out after 12 weeks pregnancy except in situations of life-threatening pregnancy. It won’t really be a material issue, [focusing on] six months is an absolute misnomer.”

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    Install the app to use these features.
    Mute Mr Snuffleupagus
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    Dec 23rd 2016, 5:19 PM

    Tough shit, Get over it. Should the cops, coffee sellers and caterers, medics, street cleaners, employees of hundreds of other companies that will be both attending and working at the event itself also be able to choose not to turn up? What drivel.

    122
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    Mute Mr Snuffleupagus
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    Dec 23rd 2016, 5:19 PM

    @Mr Snuffleupagus: and clickbait

    44
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    Mute Benjy Dempsey
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    Dec 23rd 2016, 5:38 PM

    All workers are entitled to withdraw their labour as they see fit.

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    Mute Daisy Chai NSaw
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    Dec 23rd 2016, 5:44 PM

    @Benjy Dempsey: The big stars don’t want to touch Trump with a 50 foot pole. It’s telling that performers have to be forced under contract to be in The Donald’s presence.

    45
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    Mute Mr Snuffleupagus
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    Dec 23rd 2016, 5:46 PM

    @Benjy Dempsey: So you think you can tell your boss you’re not going to work for any reason you like then, Benjy? Right so. Saying so, doesn’t make it so. If you don’t do your job, you get sacked. At least, out there in real world.

    51
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    Mute James Harney
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    Dec 23rd 2016, 5:59 PM

    Yes I am pretty sure you can’t refuse to provide some one service just because you have a prejudice against them.

    32
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    Mute Shawn O'Ceallaghan
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    Dec 23rd 2016, 6:12 PM

    @benjy are employers entitled to withdraw wor as they see fit?

    14
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    Mute Matt Connolly
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    Dec 23rd 2016, 6:46 PM

    Benji, Wally, bill… Whatever…. You now saying that ni bakery was right to refuse to bake?

    16
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    Mute Joey Westland
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    Dec 23rd 2016, 7:02 PM

    @Mr Snuffleupagus: Another butt-hurt Trump FanBoy.

    16
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    Mute Warthog
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    Dec 23rd 2016, 7:08 PM

    @Benjy Dempsey:
    Of course they can, but if they breach their contract…bye bye or a fine!

    7
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    Mute Benjy Dempsey
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    Dec 23rd 2016, 8:29 PM

    Mr Snuffle, ,You might recall the Luas workers withdrew their labour a while back and not only did they not get sacked they won an 18% pay rise.

    7
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    Mute Billy Larkin
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    Dec 23rd 2016, 8:59 PM

    Thats showbiz baby!

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    Mute stopit
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    Dec 23rd 2016, 6:20 PM

    perfectly fitting for a trump event to have women being forced to do things they don’t want to do.

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    Mute Warthog
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    Dec 23rd 2016, 7:06 PM

    @stopit:
    It’s their job, if they don’t like it leave. Funny how “principles” seem to disappear when there is a threat of the money disappearing! Plenty more waiting to join! Imagine if employees decided whom their company could do business with! Sack em and move on!

    31
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    Mute Benjy Dempsey
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    Dec 23rd 2016, 8:13 PM

    That’s why we have unions. To keep greedy hogs in their place.

    21
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    Mute alphanautica
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    Dec 23rd 2016, 5:53 PM

    Considering they have performed at Radio City Music Hall in New York since the 1930s, they’re in pretty good shape.

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    Mute Daisy Chai NSaw
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    Dec 23rd 2016, 6:16 PM

    @alphanautica: Great gams, them girls!

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    Mute Daisy Chai NSaw
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    Dec 23rd 2016, 5:22 PM

    They could do a routine from Hamilton. Or dress as cats and when President Elect Tiny Hands goes for a handshake, there’s a ready made “Pussy Grabbing” headline available for publication. I’m sure the Rockettes have had to deal with many letches in their time, but being forced to do it on an official level is creepy.

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    Mute Tweed Cap
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    Dec 23rd 2016, 5:31 PM

    Trump will be thinking quietly to himself soooo many pussies and I only have two hands

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    Mute Daisy Chai NSaw
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    Dec 23rd 2016, 5:36 PM

    @Tweed Cap: Somehow I can see Alec Baldwin dancing with a Rockettes type lineup on SNL in the coming weeks!

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    Mute Eamon Mac Gowan
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    Dec 23rd 2016, 6:01 PM

    @Daisy Chai NSaw: Have you never heard of what Bill Clinton or JFK got up to in The White House?

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    Mute Daisy Chai NSaw
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    Dec 23rd 2016, 6:20 PM

    @Eamon Mac Gowan: Yes. Does whataboutery make Trump less of a pussy grabber?

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    Mute Warthog
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    Dec 23rd 2016, 7:09 PM

    @Daisy Chai NSaw:
    Says the QUEEN of whataboutery!!!

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    Mute Daisy Chai NSaw
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    Dec 23rd 2016, 7:39 PM

    @Warthog: Your mammy’s calling you for your tea. Run along.

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    Mute Neal, not Neil.
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    Dec 23rd 2016, 5:53 PM

    That’s millenials for you. They think their rights are being trampled on if their employer tells them to do something.

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    Mute The Girl
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    Dec 23rd 2016, 5:29 PM

    It’s a job, get over it. I don’t like Enda much but hey, he was going to be at my child’s school for something, and on that day I still sent him to school.

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    Mute Joey Westland
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    Dec 23rd 2016, 7:04 PM

    @The Girl: Umm, terrible comparison that makes no sense whatsoever.

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    Mute Eamon Mac Gowan
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    Dec 23rd 2016, 5:59 PM

    If they don’t want to do it, sack em.
    There’s plenty of hot sexy dancers all over America who would love to get that gig.

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    Mute No To Forced Births!
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    Dec 23rd 2016, 6:55 PM

    @Eamon Mac Gowan: Here they are ..

    https://www.youtube.com/watch?v=CzgOCR7y0pI

    LOL

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    Mute Joey Westland
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    Dec 23rd 2016, 7:05 PM

    @Eamon Mac Gowan: as if you’d know, LOL!

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    Mute Rosa Parks
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    Dec 23rd 2016, 6:02 PM

    Shows the increasingly unpatriotic tendenies of the Left not just in the US but in the West generally.

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    Mute Donal O'Brien
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    Dec 23rd 2016, 6:20 PM

    Incorrect use of the patriotic, Rosa Parks (if that is your real name).

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    Mute Joey Westland
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    Dec 23rd 2016, 7:05 PM

    @Rosa Parks: Patriotism is a disease of the mind.

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    Mute Timmay Timeo
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    Dec 23rd 2016, 7:00 PM

    They should honour the president erect

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    Mute John Fergus
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    Dec 23rd 2016, 7:49 PM

    Another pure bs lazy journalism propaganda piece. Never let the truth get in the way of a good story.

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    Mute Alex Falcone
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    Dec 23rd 2016, 9:22 PM

    @John Fergus:
    Par for the course at this stage.

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    Mute Alex Falcone
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    Dec 23rd 2016, 9:22 PM

    Actually this has nothing to do with Donald Trump.
    The dancers are in dispute with the owners of the outfit.

    4
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