Ireland's Abortion Law: Vote Date And What To Expect

Ireland's abortion law was put to a vote on 25 May 2018, when the country held a referendum on whether to repeal the Eighth Amendment of the Constitution, which granted an equal right to life to the mother and unborn, effectively banning terminations. The vote was a landslide win for the repeal side, with 66.4% voting in favour of repealing the amendment. The referendum result paved the way for the Dáil (Irish Parliament) to legislate for change, introducing a much more liberal regime.

The referendum result

On 25 May 2018, the people of Ireland voted by 66.4% to 33.6% in a referendum to repeal the Eighth Amendment, which had been added to the Constitution in 1983. The amendment had granted an equal right to life of the mother and the unborn child, effectively banning abortion unless the pregnancy was life-threatening. The referendum result was announced at Dublin Castle at 18:13 local time, with crowds gathering to celebrate.

The new abortion law

The Health (Regulation of Termination of Pregnancy) Act 2018 came into force on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. The Act permits termination:

• Under Section 9, where there is a serious risk to the life or health of a pregnant woman, after examination by two medical practitioners.
• Under Section 10, in emergency cases, where there is an immediate serious risk to the life or health of a pregnant woman, after an examination by one medical practitioner.
• Under Section 11, where two medical practitioners are of the opinion that there is a condition affecting the foetus that is likely to lead to the death of the foetus either before, or within 28 days of, birth.
• Under Section 12, where there has been a certification that the pregnancy has not exceeded 12 weeks, and after a period of three days after this certification.

Background

Abortion in Ireland has been a divisive issue for many years. The UK Offences against the Person Act 1861 prohibited abortion in Ireland, and the Eighth Amendment was added to the Constitution by referendum in 1983, giving equal rights to the life of the unborn and the mother. This was replaced by the Thirty-sixth Amendment in 2018, which permits the Oireachtas to legislate for abortion.

The Referendum

On 25 May 2018, the Irish people voted by 66.4% to 33.6% in a referendum to repeal the Eighth Amendment. The referendum asked voters whether they supported the proposed legislation allowing termination for any reason in the first 12 weeks of pregnancy. The large majority indicated that any moves to obstruct or weaken the legislative provisions compared to the draft published in March were unlikely.

The Impact

The new law has had a significant impact on abortion access in Ireland. Abortion is now free and legally available in Ireland up to 12 weeks of pregnancy, with terminations after this point only allowed in exceptional circumstances. However, access to abortion services is still "unequal", with women in rural areas and marginalised groups such as homeless women, women experiencing domestic abuse, and disabled women facing particular challenges. There is also a three-day waiting period after the initial consultation, which has been described as "patronising" and "upsetting" by those who have experienced it.

The impact on Northern Ireland

In Northern Ireland, abortion is illegal except in very limited circumstances, such as to preserve a woman's life or to prevent permanent or long-term injury to her physical or mental health. Abortions conducted outside the law are a criminal offence punishable by imprisonment. Northern Ireland, a part of the United Kingdom, has some of the world's strictest abortion laws. In 2015, the Belfast High Court ruled that these abortion laws are incompatible with Article 8 of the European Convention on Human Rights, the right to private and family life.

In 2017, the UK government allowed free abortion care in England and Scotland for women from Northern Ireland. Prior to this change, Northern Irish women had to pay for abortions in Great Britain, despite being eligible for free NHS care when travelling there for other medical procedures. In 2019, abortion was decriminalised in Northern Ireland, ending a near-total ban in the region. However, as of 2021, abortion services have yet to be commissioned, and the task of providing early medical abortion services has fallen to Northern Ireland's five local Health and Social Care Trusts. Most of the Trusts are only providing abortion up to 10 weeks, rather than the 12 weeks that the law permits.

In spite of the decriminalisation of abortion in Northern Ireland, barriers to accessing abortion care remain. Obstacles include sporadic, under-resourced and understaffed services; conscience-based refusals, misinformation as well as pervasive stigma. Abortion rights are respected in law but not fully in practice.

In 2021, the National Women's Council of Ireland found that only 1 in 10 GPs provide early medical abortions while only half of maternity hospitals provide surgical care. Abortion services in Northern Ireland are geographically uneven, and some rural areas are still without services. In 2020, 194 people from the Irish Republic travelled to England for a termination, highlighting serious problems with abortion access in practice.

The campaign

The "Yes" Campaign

The "Yes" campaign, which advocated for the repeal of the amendment, was supported by a variety of groups and individuals, including:

• Together for Yes: an umbrella group that brought together pro-repeal organisations such as the Irish Council for Civil Liberties, the Irish Family Planning Association, the Union of Students in Ireland, SIPTU, and Inclusion Ireland.
• The Abortion Rights Campaign: a pro-choice alliance formed in 2012 that held an annual "March for Choice" in Dublin.
• The Irish Congress of Trade Unions and its constituent members: Unite, Mandate, the Communications Workers' Union, and SIPTU.
• Amnesty International Ireland, Termination for Medical Reasons, Women's Health in Ireland, The Coalition to Repeal the Eighth, Choice Ireland, and ROSA.
• The Irish Times: the newspaper endorsed a "Yes" vote and encouraged readers to "Repeal the Eighth".
• The Labour Party: Party leader Brendan Howlin stated their long-standing view that abortion should be allowed in cases of fatal foetal abnormality, pregnancy by rape or incest, or where there is a threat to the mother's health.
• Solidarity–People Before Profit
• Sinn Féin: the party's new president, Mary Lou McDonald, was prominent in the "Yes" campaign, and the party officially backed a "Yes" vote.
• The National Women's Council of Ireland: the director, Orla O'Connor, was co-director of Together for Yes.
• The Institute of Obstetricians and Gynaecologists: the executive committee voted 18-0 in favour of repeal.

The "Yes" campaign was also supported by high-profile figures such as Taoiseach Leo Varadkar, who described the referendum as "a quiet revolution" and said that it showed the Irish public "trust and respect women to make their own decision and choices".

The "No" Campaign

The "No" campaign, which sought to maintain the Eighth Amendment, was supported by groups and individuals including:

• The Pro Life Campaign, who campaigned under the slogan "Love Both".
• Save the 8th: a campaign supported by the Life Institute and Youth Defence.
• The Iona Institute, Mother and Fathers Matter, and the Life Institute.
• Cherish All the Children Equally: a group of republican campaigners that included current and former Sinn Féin supporters.
• The Irish Catholic Bishops' Conference: the Conference said that repealing the amendment would be "a shocking step" and "a manifest injustice".
• The Islamic Cultural Centre of Ireland.

The Issues

#### Arguments for Repeal

• Testimonies from Irish women who had travelled abroad for abortions: these stories brought home the distress and secrecy that many women had endured over the decades.
• The death of Savita Halappanavar: Savita died of complications after being denied an abortion while suffering a septic miscarriage in 2012. Her death intensified calls to reform Ireland's abortion ban.
• The right to bodily autonomy: many saw the repeal as a historic step that would give women control over their own bodies.
• Inadequate healthcare for women: the existing law was seen as failing to provide proper care for women, particularly in cases of fatal foetal abnormality, rape, or incest.
• The need for equal access to abortion services: the existing law was seen as creating a "postcode lottery", with rural areas having particularly sparse coverage.
• The stigma surrounding abortion: many women felt ashamed and unsupported by medical practitioners during the process of seeking an abortion.

#### Arguments Against Repeal

• The right to life of the unborn: the Eighth Amendment was seen by some as protecting the most vulnerable members of society.
• Concerns about the potential for more liberal abortion laws: some feared that repealing the amendment would lead to more widespread access to abortion, beyond the proposed 12-week limit.
• Religious beliefs: although the Catholic Church did not take an official position on the referendum, individual leaders and groups within the Church campaigned against repeal, citing religious teachings on the sanctity of life.
• The potential for a decline in moral values: some saw the repeal as a step towards the normalisation of abortion and a rejection of traditional values.

The Outcome

On 25 May 2018, the people of Ireland voted by 66.4% to 33.6% to repeal the Eighth Amendment. The referendum resulted in a landslide win for the "Yes" side, with only the constituency of Donegal voting against the change. The vote paved the way for the introduction of a much more liberal abortion regime, with the Irish Parliament legislating to allow terminations within the first 12 weeks of pregnancy.

The aftermath

The vote to repeal Ireland's Eighth Amendment was met with celebration by those who had campaigned for abortion rights, with crowds gathering at Dublin Castle. The Taoiseach, Leo Varadkar, who had campaigned for a 'Yes' vote, said it was "a historic day for Ireland" and that a "quiet revolution" had taken place. He added: "It's also a day when we say no more... No more lonely journeys across the Irish Sea, no more stigma as the veil of secrecy is lifted and no more isolation as the burden of shame is gone."

However, five years on from the referendum, access to abortion services in Ireland is still described as "patchy". A report ordered by the Irish government and published in 2023 highlighted restrictive legal provisions and gaps in the availability of services. Abortion services are particularly sparse in rural parts of the country, with nine out of the Republic of Ireland's 26 counties having fewer than five general practitioners (GPs) registered to provide services.

The three-day waiting period after an initial consultation before gaining access to abortion medication is seen as a particular obstacle for more vulnerable groups of women, who may struggle to attend two appointments. It is also described as "patronising" and "upsetting" by those who have gone through the process.

The expansion of services in maternity units has been held up by a controversial provision within the law, which allows medical practitioners to refuse to provide abortion services on grounds of "conscientious objection". This is particularly an issue in rural areas, where there are already fewer abortion providers.

Campaigners are now focusing their efforts on lobbying the Irish government to accept the recommendations within the O'Shea review, with the Irish parliament's health committee set to review the findings. The Irish government has said that the Health Service Executive will work towards implementing the report's operational recommendations.

Despite the issues with the roll-out of services, the vote and subsequent legislation have had a significant impact on abortion access in Ireland. In 2021, 200 Irish women travelled to the UK for abortion procedures, down from 3,265 in 2016, the year before the referendum.

Frequently asked questions