Repealing the 8th means… no more threat of 14 years imprisonment

The eighth amendment affects many aspects of Irish society.

From healthcare to human rights, the law prohibits women in Ireland from making decisions about their own bodies, futures, and lives. Repealing the 8th means a change for many aspects of society in Ireland. This is one of them. You can follow the rest of this series here.

Repealing the eighth amendment means the decriminalisation of abortion. In Ireland, the termination of a pregnancy except where there a real and substantial risk to the life of the mother is illegal. Under Irish law, a woman who procures an abortion in Ireland risks up to 14 years in prison. Similarly, doctors who perform an abortion where there is not a substantial risk to the life of the mother also risk up to 14 years in prison. The threat of this 14 year prison sentence was introduced in 2014 following the death of Savita Halappanavar. The Protection of Life During Pregnancy Act was enforced on January 1 of that year. The new law replaced the criminalisation of attempted or procurement of abortion with the new offence of "destruction of unborn human life", carrying a maximum penalty of 14 years in prison. Assisting in an abortion or procuring abortion pills for another person is also illegal.

As it stands, no woman in the Republic of Ireland has been prosecuted for procuring an abortion on Irish soil. This includes both surgical abortions and early medical abortions with pills. However, Taoiseach Leo Varadkar recently stated that if the upcoming referendum on the eighth amendment fails to pass (ie, if a 'No' vote wins), the "very severe" 14 year prison sentence "could be enforced." He told reporters:

“Sadly, if the law remains the same and there is a 'No' vote then it is probably only a matter of time. “The penalty for taking an abortion pill is worse than the penalty for rape, believe it or not."

While nobody in the Republic of Ireland has been imprisoned for procuring an abortion, or helping somebody else procure an abortion, cases such as these do exist in Northern Ireland. In 2016, a woman was reported to the police by her flatmates after she procured abortion pills and induced an abortion. She pleaded guilty to two charges and was given a suspended prison sentence. The woman's barrister said that if she had lived in any other region in the UK, she would “... not have found herself before the courts." Similarly, a woman was recently prosecuted in Northern Ireland for helping her 15-year-old daughter purchase abortion pills online. She was reported to the police by a doctor who she had approached for advice afterwards. Under the 1861 Offences Against the Person Act, Northern Irish law states that it is illegal to use a "poison" or 'instrument" to procure an abortion. The UK's 1967 Abortion Act, which legalised abortion, never applied in Northern Ireland.

Over the past decade, more than 6,000 abortion pills have been seized by Revenue. It is not known exactly how many abortion pills have been ordered during this time, however a recent study showed that five women a day seek abortion pills online in Ireland. These pills contain misoprostol and mifepristone. The World Health Organisation (WHO) has said that this kind of abortion is "highly effective" and "one of the safest" medical abortion options available. Repealing the eighth would mean making it legal and safe for women to procure medical abortions with pills and to have surgical abortions. Women seeking to terminate a pregnancy could legally get detailed advice from their doctors and medical professionals would be able to assist in procuring an abortion without risk of imprisonment.