Pro-life constitutional referendum

I understand that it is likely that the people of Malta may shortly be participating in a pro-life referendum.

Perhaps it might be of some interest were I to outline the circumstances surrounding the pro-life referendum in Ireland in 1983. In Ireland procuring an abortion was - and remains - a criminal offence, under the provisions of the Offences Against the Person Act, 1861.

However, following passage of the 1967 Abortion Act in Great Britain, procuring an abortion was no longer an offence so long as it was recommended by two registered medical practitioners, acting in good faith. There was concern in Ireland that the pro-choice lobby might succeed in setting aside the 1861 Act, so as to decriminalise abortion in this jurisdiction also.

The Constitution of Ireland, enacted in 1937, provided ( Art. 40. 2) that: "The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name and property rights of every citizen". However, to be a citizen one had to be born. It appeared to some of us that an amendment of the Constitution granting protection to the unborn child would strengthen the law in relation to abortion.

Accordingly, the State agreed to put the following Constitutional Amendment (Art. 40.3.3) to the people by way of referendum: "The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect and, as far as practicable, by its laws to defend and vindicate that right." The referendum was adopted by a two to one majority.

Subsequently, our Supreme Court, in the X-Case, interpreted the Constitutional Amendment by stating that where "there is a real and substantial risk to the life, as distinct to the health, of the mother, which can only be avoided by the termination of her pregnancy, such termination is permissible, having regard to the true interpretation of Article 40.3.3 of the Constitution". This decision gave rise to grave disquiet but fortunately there has been no further such case.

The Medical Council, the body responsible for regulating the medical profession in Ireland, has consistently declared procuring an abortion to be unethical and conduct infamous in a professional respect.