THE review group is scathing about the confusion which has arisen out of the successive abortion amendments but does not recommend a new referendum.
Instead, it proposes legislation to define the term "unborn", protect appropriate medical intervention and set a time limit on lawful termination of pregnancy. It also recommends written certification by medical specialists of "real and substantial risk to the life of the mother".
It lists the problems with the existing legislation as follows there is no definition of "the unborn, which, used as a noun, is odd"; there is no definition of when the "unborn" acquires the protection of law; there is also no definition of when pregnancy begins; all these issues are left to the Supreme Court with no explicit guidance; the admissibility of a suicidal disposition as a ground for an abortion, and the absence of any time limit for one "remain causes of disquiet".
There are four possibilities in providing definitions, two of which would require further constitutional amendment, according to the report. One would be to write a definition of the "unborn" and/or pregnancy into the Constitution; the other would be to insert an amendment allowing the legislature to define them.
The other possibilities are to leave things as they are, allowing the Supreme Court to provide definitions, or to make definitions by legislation. The group favours the latter.
The group also considers introducing an absolute ban on abortion into the Constitution. However, it says this could cause problems for appropriate medical procedures needed to protect the life of the mother but causing the termination of the pregnancy. It refers to an assurance from the Pro Life Campaign that such a situation would never arise, but adds: "It would not be safe to rely on such understandings."
Instead, it says it is necessary to have "specific legislative protection for appropriate medical intervention". Pointing out that the judgment in the X case did not set any time limit for the termination of a pregnancy where the life of the mother was deemed to be in danger, it proposes that a time limit be set by legislation.