The Eighth Amendment of the Constitution

The Resolution approving establishment of the Assembly outlines five topics to be considered by the Assembly. The first of these is the Eighth Amendment of the Constitution.

The Assembly began its work by considering this topic. 

Meetings

It was initially intended to have four meetings to consider the Eighth Amendment. However at the Private Session during the January meeting, the Assembly members voted to have an additional weekend to consider the Eighth Amendment. 

A revised work programme was prepared to reflect these changes and is available to view here

The Assembly considered the Eighth Amendment on the following weekends: 

  1. 26-27 November 2016
  2. 7-8 January 2017
  3. 4-5 February 2017
  4. 4-5 March 2017
  5. 22-23 April 2017

Please click on the date above to view material presented to the Assembly on that weekend. 

Submissions

Please click here to view submissions on the Eighth Amendment of the Constitution received from members of the public, advocacy/interest groups and other representative organisations.

Recommendations

In the first ballot, 87% of the members voted that Article 40.3.3 of the Constitution should not be retained in full.

In the second ballot, 56% of the Members voted that Article 40.3.3 should be amended or replaced.

In the third ballot, 57% of the Members recommended that Article 40.3.3 be replaced with a Constitutional provision explicitly authorising the Oireachtas to address termination of pregnancy, any rights of the unborn and any rights of the pregnant woman. In other words, it would be a matter for the Oireachtas to decide how to legislate on these issues.  

The Assembly members made recommendations by ballot to the Oireachtas about what should be included in this legislation. Specifically, what reasons, if any, for which termination of pregnancy should be lawful in Ireland, as well as any gestational limits that should apply.

64% of the Members have recommended that the termination of pregnancy without restriction should be lawful. Of that group of Members:

        • 48% have recommended that the termination of pregnancy without restriction should be lawful up to 12 weeks gestation age only.
        • 44 % have recommended that the termination of pregnancy without restriction should be lawful up to 22 weeks’ gestation age only.
        • 8% have recommended that the termination of pregnancy with no restriction to gestational age.

In addition, a majority of Assembly Members recommended by ballot the following reasons, for which termination of pregnancy should be lawful in Ireland:

        • Real and substantial physical risk to the life of the woman (99%)
        • Real and substantial risk to the life of the woman by suicide (95%)
        • Serious risk to the physical health of the woman (93%)
        • Serious risk to the mental health of the woman (90%)
        • Serious risk to the health of the woman (91%)
        • Risk to the physical health of the woman (79%)
        • Risk to the mental health of the woman (78%)
        • Risk to the health of the woman (78%)
        • Pregnancy as result of rape (89%)
        • The unborn child has a foetal abnormality that is likely to result in death before or shortly after birth (89%)
        • The unborn child has a significant foetal abnormality that is not likely to result in death before or shortly after birth (80%)
        • Socio-economic reasons (72%)

For all the above reasons Members made recommendations as to any gestational limits if any which should apply.

Reports

The Chair Ms Justice Mary Laffoy laid her Report on this topic before the Houses of the Oireacthas on 29 June 2017. To view the Final Report and Recommendations please click here

Video Archive

The Citizens’ Assembly is live streamed and therefore available for the public to view. 

Following each meeting, archive footage will be available to view here