Chair appointed to review Termination of Pregnancy Act

The review, which comprises two phases, commenced last year.

An independent chair has been appointed to head up the review of the Health (Regulation of Termination of Pregnancy) Act 2018.

Under section 7 of the Act, a review of the operation of the Act must be initiated within three years of its commencement (before January 2022). The review of the operation of the Act, which comprises two phases, commenced last year.

The review clause was included in the Health (Regulation of Termination of Pregnancy) Act 2018 in order to facilitate monitoring of the impact, operation, and effectiveness of the legislation in practice, as well as of the delivery of services in the area.

Minister for Health Stephen Donnelly has appointed Ms Marie O’Shea B.L. as the independent Chair of the review.

The Health (Regulation of Termination of Pregnancy) Act 2018 was signed into law on December 20, 2018, and commenced with effect from January 1, 2019.

The purpose of the Act is to set out the law governing access to termination of pregnancy in Ireland.

The Act permits terminations to be carried out in cases where there is a risk to the life, or of serious harm to the health, of the pregnant woman, including in an emergency; where there is a condition present which is likely to lead to the death of the foetus either before or within 28 days of birth; and without restriction up to 12 weeks of pregnancy.

In the first year of the Act being in place, 77 abortions were performed on women who gave Cavan as they county of residence last year; while 36 terminations were carried out for women with a Monaghan address, the second lowest number nationally.

In total, 6666 terminations were carried in the state in 2019.

Welcoming the appointment of Ms O’Shea as Independent Chair, the Minister said: “I am pleased to announce that Marie O’Shea will carry out this review. Her significant legal expertise, coupled with her experience in project management and in healthcare sector research, I am confident that she will conduct this important work thoroughly and efficiently.”

During the first phase of the review, information and evidence on the effectiveness and operation of the Act will be collected from women who use the service, health professionals that provide the service and the public.

The first phase commenced last year and research to inform the service user strand is being carried out by Dr Catherine Conlon, Associate Professor, Trinity College, who is progressing a large qualitative study to analyse unplanned pregnancy and abortion care.

The study, which was commissioned by the HSE’s Sexual Health and Crisis Pregnancy Programme

The second phase of the review will be led by the independent Chair who will assess the extent to which the objectives of the Act have been achieved, analysing in that regard the findings of the three strands of information, on the effectiveness and operation of the Act.

Public Consultation

Meanwhile, a public consultation (www.gov.ie/topreview) on the operation of the Act in December 2021, which will run until 1 April 2022.

Reminding the public about the consultation, the Minister said: “I would encourage everyone who would like to express their views on the Act to participate in the public consultation. It provides an opportunity for members of the public, organisations, stakeholders, advocacy groups working in the area and all other interested parties to inform the review of the operation of the legislation. Separate in-depth qualitative research will consider the operation of the Act specifically from the service user and service provider perspectives, but service users and service providers are also most welcome to contribute their views through this public consultation process.”

Concluding, Minister Donnelly said: “I am pleased that we are progressing this important review of an Act that was passed following the result of an historic referendum. When the Chair has completed her work in 2022, a final report will be submitted to me with any necessary recommendations. I look forward to hearing people’s views and to the outcome of this review process.”