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The Health (Regulation of Termination of Pregnancy) Act 2018 was commenced on 01/01/2019 in Ireland. The Act provides for legal termination of pregnancy under defined circumstances including for any reason at < 12 weeks gestation; and where two doctors agree 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'. As such, abortion for congenital anomaly (CA) can occur at a number of time points, depending on the adjudged severity. Infants born with CAs frequently require significant medical intervention and account for a high proportion of admissions to paediatric intensive care units (PICUs). The purpose of this paper was to evaluate the number of infants with CAs admitted to an Irish PICU in the period before and after the implementation of the Act. All PICU admissions < 1 month of age to a single Irish paediatric hospital between 2012 and 2021 were analysed. CAs were recorded, and the periods before and after the commencement of the Act compared. We found a difference in admissions involving CAs, particularly those related to congenital heart disease involving single ventricle anatomy. It is plausible that this difference was as a result of improved access to abortion services following the implementation of the Act. This article explores the legal conditions related to the abortion of a foetus with a CA in Ireland, and the possible impact of the Independent Review of the Operation of the Health (Regulation of Termination of Pregnancy) Act 2018. [ABSTRACT FROM AUTHOR]

One of the most significant developments in the area of reproductive health in Ireland is the Roche v. Roche [2009] case. The case concerned a woman who wished to implant cryopreserved embryos made with a former partner, against the partner’s wishes. Of particular interest are questions about the status of the embryo: in Ireland the life of “the unborn” is constitutionally protected. Therefore the courts in Roche had to decide whether embryos were “unborn” within the meaning of the Irish Constitution. [ABSTRACT FROM PUBLISHER]

The author offers a commentary on the case Roche v Roche & Ors, wherein the Irish High Court criticised the lack of legislative responsibility by Irish governments in assisted human reproduction (AHR). The Irish government created the Commission on Assisted Human Reproduction (CAHR), which published a report containing recommendations including the attention to regulatory issues. According to the author, the legislative's failure to address the ambiguities resulted in the uncertain legal position of AHR and human embryonic stem cell (hESC) research.

This article discusses the rules applied by the courts in the Republic of Ireland and the United Kingdom in determining whether the defendant in a negligence action attained the required standard of care in performing a professional task. It will discuss the effect of the defendant's adherence to a practice widely accepted in the relevant profession at the time, and the effect of expert witnesses testifying that they regard the defendant's conduct as proper. This article also discusses the different rules applying to the provision of certain information by a professional. [ABSTRACT FROM AUTHOR]

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The Porcupine Basin is a large underexplored sedimentary basin located offshore west of Ireland within the structurally complex European North Atlantic Margin. The basin has evolved through multiple Jurassic–Recent phases of deformation and although the overall plate tectonic context of the margin is well‐documented, there are still uncertainties regarding the phases of tectonic activity, and their associated strain distribution and fault kinematics. Based on the analysis of large volumes of 2D and 3D seismic data from the Porcupine Basin, we provide an overview of the nature and origin of multiple fault systems, both tectonic and nontectonic, with links to regional tectonic events where possible. Three distinct basin‐wide phases of tectonically induced extensional faulting are recognized: (a) Late Jurassic N‐S to NE‐SW trending rift faults, (b) Late Cretaceous E‐W to ENE‐WSW trending normal faults and (c) Mid Eocene N‐S trending faults. The Jurassic faults were active over a period of 11.5 Myr between the Oxfordian and Kimmeridgian but with an intervening 4.5 Myr period of quiescence providing a two‐stage rift evolution. The Late Cretaceous faulting in the Porcupine Basin broadly correlates with extension in the Celtic Sea basins and is tentatively attributed to the rotational spreading of the Bay of Biscay in the south. The Mid Eocene phase of extension, which coincides with the onset of spreading between Europe and Greenland (Atlantic spreading), resulted in partial reactivation of the Jurassic faults. A series of non‐tectonic fault systems occur within specific stratigraphic intervals suggesting a compactional or gravitationally driven origin, including basinward dipping normal faults within a Palaeocene–early Eocene deltaic sequence, and multiple tiers of polygonal faults within Cretaceous, late Eocene and Neogene strata. [ABSTRACT FROM AUTHOR]

Since its emergence in the late 1970s, posthumous conception has provoked controversy. However, notwithstanding that a number of jurisdictions continue to apply a blanket ban on the posthumous use of genetic material, many (if not most) common law jurisdictions now expressly or implicitly permit such post-mortem conception. Yet as awareness of the potential for posthumous conception continues to increase, so too does awareness of the associated legal complications. In particular, serious questions arise as to whether the so-called 'after born' children ought to enjoy succession rights in their deceased parent's estate. This article considers various arguments for and against the recognition of the succession rights of posthumously conceived children and reflects on the position adopted in a number of jurisdictions. With these international perspectives in mind, the article then places the spotlight on recent developments in Ireland, specifically the recent publication of the General Scheme of the Assisted Human Reproduction Bill 2017, which seeks to expressly permit and regulate posthumous assisted reproduction in the jurisdiction. The article considers the apparent intention of the Irish legislature to recognize the 'inheritance' rights of posthumously conceived children and, drawing on international experiences, questions how this intention might best be realized. [ABSTRACT FROM AUTHOR]

In 2005, Ireland’s Commission on Assisted Human Reproduction (CAHR) published a comprehensive report on the regulation of assisted reproduction and associated technologies. Yet since that report, successive Irish governments have failed to bring forth any legislation on this matter. This legislative inaction has resulted in a situation whereby the embryo in vivo has the right to life under the Irish Constitution, but embryos in vitro have no protection in law. Irish policymakers have also endorsed and funded embryonic stem cell research (ESCR) at a European level but continue to prevent researchers in Ireland from accessing any public funds for this research. The publication in October 2017 of the General Scheme of the Assisted Human Reproduction Bill 2017 is thus a welcome development. However, further reading of the Bill reveals that it is restrictive in nature and is likely to stifle research in Ireland. This article will discuss the legal, ethical and scientific developments that have occurred since the CAHR report and the impact, if any, they have had on the development of this Bill. It will critically reflect on provisions of the Bill as they relate to ESCR and make a number of suggestions for reform. [ABSTRACT FROM AUTHOR]

The article focuses on the advantage of judicial restraint for judicial activism in Ireland. Topics discussed icnlude judicial review in Ireland; constitutional and fundamental rights adjudication in the country; and interpretation and construction of constitutional law in the country. It also mentions about its impact on parliamentary and plebiscitary democracy.

In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for "the right to life of the unborn, " which was deemed "equal" to the right to life of the "mother. " Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach. More than thirty years after the 8th Amendment, it has become clear that Ireland now has an abortion law regime that is essentially "unliveable. " Not only that, but it has a body of jurisprudence so deeply determined by a constitutionalized fetal-rights orientation that law, politics, and medical practice are deeply impacted and strikingly constrained. This is notwithstanding the clear hardship women in Ireland experience as a result of constitutionalized fetal rights and the resultant almost-total prohibition on accessing abortion in Ireland. This Article argues that, wherever one stands on the question of whether legal abortion ought to be broadly available in a particular jurisdiction, constitutionalizing fetal rights leaves no meaningful space for judgment at either political or personal levels. Furthermore, constitutionalizing fetal rights can have unforeseen implications across jurisprudence and medical practice, creating a situation in which there is essentially no space for more liberal interpretations that respect women's reproductive autonomy. While this may be desirable from an ideological perspective for those who hold a firm anti-abortion position, it is distinctively problematic for women and for politics. [ABSTRACT FROM AUTHOR]

Abortion is illegal in Ireland, except in very limited circumstances, but the Irish Constitution guarantees the right of women to travel abroad to obtain abortion services. Every year, large numbers of women travel to the UK to obtain abortions. This article argues that this can be regarded as an illustration of cross-border reproductive care (CBRC). CBRC is the phenomenon whereby people travel abroad to obtain assisted reproduction services that are illegal in their country of origin. A leading commentator, Guido Pennings, argues that CBRC is to be welcomed as a means by which society might compromise on issues of profound moral disagreement. Other commentators believe CBRC is highly problematic. This article argues that the Irish abortion example, when examined as an example of CBRC, illustrates both the advantages and disadvantages of CBRC identified by Pennings and his critics. [ABSTRACT FROM AUTHOR]

The Irish judiciary's approach to bilingualism as the constitutional guarantee of the right to use either Irish or English for any official purpose has proved highly flexible. However, while emphasis has been laid on principles of constitutional interpretation from the practitioner's perspective, the discursive dimension of cases involving language policy has yet to be fully elucidated. This paper combines quantitative analysis with a qualitative perspective to focus on phraseological and argumentative patterns in Supreme Court judgments on language policy, based on a small corpus. First, the ten most frequent lexical bundles of the corpus were extracted to study the main discourse functions of phraseology in context. Second, a manual text analysis was conducted of the two cases where recurrent phraseological patterns were most widely attested. This allowed for the isolation of the argument schemes underlying the structure of the Justices' opinions. While phraseology points to a shared institutional identity of Irish Justices as gatekeepers of the Constitution, the use of argumentative patterns suggests that they may forge heterogeneous professional identities, by shifting from a rigouristic view of language rights to forms of judicial pragmatism. [ABSTRACT FROM AUTHOR]

This article examines the issue of emergency caesarean section refusal. This raises complex legal and ethical issues surrounding autonomy, capacity, and the right to refuse treatment. In Ireland, the situation is complicated further by the constitutional right to life of the unborn. While cases involving caesarean section refusal have occurred in other jurisdictions, a case of this nature has yet to be reported in Ireland. This article examines possible ways in which the interaction of a woman's right to refuse treatment and the right to life of the unborn could be approached in Ireland in the context of caesarean section refusal. The central argument of the article is that the liberal individualistic approach to autonomy evident in the caesarean section cases in England and Wales is difficult to apply in the Irish context, due to the conflicting constitutional rights of the woman and foetus. Thus, alternative visions of autonomy which take the interests and rights of others into account in medical decision-making are examined. In particular, this article focuses on the concept of relational consent, as developed by Alasdair Maclean and examines how such an approach could be applied in the context of caesarean section refusal in Ireland. The article explains why this approach is particularly appropriate and identifies mechanisms through which such a theory of consent could be applied. It is argued that this approach enhances a woman's right to autonomy, while at the same time allows the right to life of the unborn to be defended. [ABSTRACT FROM AUTHOR]

Abortion has been a controversial topic in Irish law and one which the Government has been forced to address following the decision of the European Court of Human Rights in A, B and C v. Ireland. The Working Group established to make recommendations have specifically been instructed to deal only with the issues raised in the A, B and C judgment and legislate on the basic of the 'X case'. This restricted approach calls for legalisation of abortion only where the life of the mother is at risk, a position unique only to Ireland and Andorra within Europe. The vast majority of member states to the European Convention on Human Rights allow for legal abortion on the basis of foetal abnormality and with this emerging consensus the margin of appreciation hitherto afforded by the European Court to member states is diminishing. The advancement and availability of non-invasive genetic tests that can determine foetal abnormalities together with the ruling in R. R. v. Poland leaves Ireland in a precarious position for omitting any reference to foetal abnormalities in any proposed legislation. [ABSTRACT FROM AUTHOR]

This paper traces the development of in vitro fertilization (IVF) in the Republic of Ireland from when the first attempts at using this technique were carried out in 1985 up to the present. Clinical changes are chronicled principally using the personal work of the author and his colleagues as representative of the day. The impact of the Catholic Church and the alterations in Medical Council governance guidelines over the years as these reflect societal changes are highlighted. The potential role of other regulators including Irish case law and the EU Tissue directive are discussed as well as the almost invariable private practice nature of the services provided and the various ways in which costs have been alleviated. [ABSTRACT FROM AUTHOR]

The paper examines the ethical and legal background to the current debate in the Republic of Ireland on the use of human embryos and embryonic stem cells (hESC) for research. How should public policy be formed to balance the potential health benefits of such research against the moral values of 21st century Irish society? The legislature has failed to address the constitutional ambiguities that have contributed to the current uncertainty as to the legal position of hESC research in Ireland. In view of the challenges posed by hESC research, it is argued that an appropriate regulatory framework should be adopted in Ireland, which will bring a degree of certainty as to what is and is not permitted. In adopting such a framework, it is suggested that hESC research should be permitted on donated supernumerary embryos up to day-14 post fertilisation. [ABSTRACT FROM AUTHOR]

The Grand Chamber of the European Court of Human Rights has recently handed down its judgement in the case of three women contesting the abortion law in the Republic of Ireland, which has one of the most restrictive abortion laws in the world. Although the Court ruled that Ireland had to clarify the current law following the success of one of the three claims, the failure of the other two claims allows Ireland to continue to enforce its law, which has an adverse effect on women's health. This paper, therefore, proposes an amendment to abortion legislation in the Republic of Ireland that would be compatible with safeguarding women's health, highlighting several circumstances in which the continuation of a pregnancy may have a detrimental impact on a woman's physical and/or mental health. [ABSTRACT FROM AUTHOR]

This article examines the development of Ireland's abortion policy from 1861 to the present day. It explores the reasoning for this policy as well as the inherent problems with this policy. It examines in detail the A, B and C v. Ireland judgement and its impact, (if any) on Irish abortion law. Finally, it discusses the margin of appreciation doctrine used by the European Court of Human Rights in deciding cases of a moral nature. [ABSTRACT FROM AUTHOR]