Savita Halappanavar effects: Ireland to decide before year-end

The Parliament will begin debating a motion from the Technical Group on abortion legislation this week.

The four options outlined in the expert group report included 'Non-Statutory Guidelines' and 'Statutory Regulations' on "the provision of lawful termination of pregnancy by way of primary legislation to empower the Minister for Health to regulate the area by statutory instrument".

The third option is 'Legislation Alone': "Regulate the provision of lawful termination of pregnancy by way of primary legislation"; and the fourth one is 'Legislation plus Regulations': "Regulate the provision of lawful termination of pregnancy by way of primary legislation, with certain matters left to the Minister for Health to regulate by way of secondary legislation."

According to the report, the first option "would meet the need for speedy action" but, on the other hand, "guidelines are, by their nature, non-binding and do not have force of law."

The report comments: "The fact that the measures would not have binding force is likely to mean that this option would not satisfy the Committee of Ministers of the Council of Europe."

Under Option 2, the Minister for Health would issue regulations, based on enabling legislation passed by the Parliament.

The report lists several advantages of this option, such as the fact that the regulations could be amended relatively easily, and only one disadvantage, namely, that passing legislation takes a considerable amount of time.

In relation to Option 3, Legislation Alone, the report says: "In this option, all the details on the assessment of entitlement to a lawful termination of pregnancy would be enacted in legislation, giving the Oireachtas (Parliament) the power to scrutinise all its provisions and leaving no significant matters to be dealt with by regulations."

It also lists a number of advantages with this approach.

However, the expert group cautions that it "might be too rigid an approach," noting that "even minor changes that might arise following implementation or in light of scientific advances would require full scrutiny and further passage through the Houses of the Oireachtas."

... contd.

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