Protection of Life During Pregnancy Act 2013
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: (1) This Act may be cited as the Protection of Life During Pregnancy Act 2013.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
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paragraphs: (1) In this Act—
“Act of 2007” means the Medical Practitioners Act 2007 ;
“Act of 2011” means the Nurses and Midwives Act 2011 ;
“appropriate institution” means—
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paragraphs: (1) The Minister may by order, where he or she thinks it appropriate for the purposes of this Act, specify any institution managed by the Executive, or by another person pursuant to an arrangement entered into under section 38 of the Health Act 2004 —
(a) at which in-patient services are provided under the direction of medical practitioners from not less than 3 medical specialities and which is wholly or partly used for the care and treatment of women in relation to any one or more of the following:
(i) pregnancy;
(ii) childbirth;
(iii) post-partum care,
or
(b) at which in-patient services (including intensive and critical care services) are provided under the direction of medical practitioners from not less than 7 medical specialities,
and any institution so specified shall be an appropriate institution for the purposes of this Act.
(2) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: (1) The Minister may by regulations provide—
(a) for any matter referred to in this Act as prescribed, or
(b) for any matter that appears to the Minister to be necessary or expedient for bringing this Act into operation.
(2) Without prejudice to any provisions of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: Sections 58 and 59 of the Offences Against the Person Act 1861 are hereby repealed.
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paragraphs: The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
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paragraphs: (1) It shall be lawful to carry out a medical procedure in respect of a pregnant woman in accordance with this section in the course of which, or as a result of which, an unborn human life is ended where—
(a) subject to section 19 , two medical practitioners, having examined the pregnant woman, have jointly certified in good faith that—
(i) there is a real and substantial risk of loss of the woman’s life from a physical illness, and
(ii) in their reasonable opinion (being an opinion formed in good faith which has regard to the need to preserve unborn human life as far as practicable) that risk can only be averted by carrying out the medical procedure,
and
(b) that medical procedure is carried out by an obstetrician at an appropriate institution.
(2) Of the 2 medical practitioners referred to in subsection (1)(a)—
(a) one shall be an obstetrician who practises as such at an appropriate institution, and
(b) the other shall be a medical practitioner of a relevant speciality.
(3) If practicable, at least one of the medical practitioners referred to in subsection (1)(a) shall, with the pregnant woman’s agreement, consult with the woman’s general practitioner (if any) for the purposes of obtaining information in respect of the woman from that general practitioner that may assist the medical practitioners in their decision as to whether or not to make a section 7 certification in respect of the woman.
(4) Subject to section 19 , the certifying obstetrician shall—
(a) forward, or cause to be forwarded, the section 7 certification to an appropriate institution, and
(b) make such arrangements as may be necessary for the carrying out of the medical procedure to which the section 7 certification relates at the appropriate institution.
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paragraphs: (1) Notwithstanding the generality of section 7 , or any determination made or pending pursuant to section 13 of an application under section 10 (2), it shall be lawful to carry out a medical procedure in respect of a pregnant woman in accordance with this section in the course of which, or as a result of which, an unborn human life is ended where—
(a) a medical practitioner, having examined the pregnant woman, believes in good faith that there is an immediate risk of loss of the woman’s life from a physical illness,
(b) the medical procedure is, in his or her reasonable opinion (being an opinion formed in good faith which has regard to the need to preserve unborn human life as far as practicable) immediately necessary in order to save the life of the woman, and
(c) the medical procedure is carried out by the medical practitioner.
(2) Subject to section 19 , where a medical practitioner—
(a) subject to paragraph (b), proposes to carry out a medical procedure referred to in subsection (1), he or she shall, before carrying out the medical procedure, certify the matters referred to in subsection (1)(a) and (b),
(b) proposes to carry out the medical procedure without first making such certification because it is not practicable to do so, he or she shall make such certification as soon as may be but, in any event, not later than 72 hours after carrying out the medical procedure.
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paragraphs: (1) It shall be lawful to carry out a medical procedure in respect of a pregnant woman in accordance with this section in the course of which, or as a result of which, an unborn human life is ended where—
(a) subject to section 19 , three medical practitioners, having examined the pregnant woman, have jointly certified in good faith that—
(i) there is a real and substantial risk of loss of the woman’s life by way of suicide, and
(ii) in their reasonable opinion (being an opinion formed in good faith which has regard to the need to preserve unborn human life as far as practicable) that risk can only be averted by carrying out the medical procedure,
and
(b) that medical procedure is carried out by an obstetrician at an appropriate institution.
(2) Of the 3 medical practitioners referred to in subsection (1)(a)—
(a) one shall be an obstetrician who practises as such at an appropriate institution,
(b) one shall be a psychiatrist who practises as such at an appropriate institution, and
(c) one shall be a psychiatrist who practises as such—
(i) at an approved centre, or
(ii) for, or on behalf of, the Executive,
or both.
(3) Of the 2 psychiatrists referred to in subsection (2), at least one shall be a psychiatrist who provides, or who has provided, mental health services to women in respect of pregnancy, childbirth or post-partum care.
(4) If practicable, at least one of the medical practitioners referred to in subsection (1)(a) shall, with the pregnant woman’s agreement, consult with the woman’s general practitioner (if any) for the purposes of obtaining information in respect of the woman from that general practitioner that may assist the medical practitioners in their decision as to whether or not to make a section 9 certification in respect of the woman.
(5) Subject to section 19 , the certifying obstetrician shall—
(a) forward, or cause to be forwarded, the section 9 certification to an appropriate institution, and
(b) make such arrangements as may be necessary for the carrying out of the medical procedure to which the section 9 certification relates at the appropriate institution.
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paragraphs: (1) Where a medical practitioner, who has been requested to give an opinion in respect of a pregnant woman in the circumstances referred to in section 7 (1) or 9 (1)—
(a) does not give an opinion, or
(b) gives an opinion but not such as would be required for the purposes of a section 7 certification or section 9 certification, as the case may be,
(in this Act referred to as a “relevant decision”) he or she shall inform the woman in writing that she may make an application in accordance with subsection (2) to review the relevant decision.
(2) A pregnant woman, or a person acting on her behalf, may make an application in the prescribed form and manner to the Executive for a review of a relevant decision.
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paragraphs: (1) Subject to subsection (2), the Executive shall establish and maintain a panel consisting of at least 10 medical practitioners appointed for such term and on such conditions as the Executive determines.
(2) The membership of the review panel shall consist only of medical practitioners and the Executive shall revoke the appointment of a member of the panel who ceases to be a medical practitioner.
(3) The Executive shall, in addition to appointing medical practitioners duly identified by it for appointment to the review panel, request—
(a) the Institute of Obstetricians and Gynaecologists,
(b) the College of Psychiatrists of Ireland,
(c) the Royal College of Surgeons in Ireland, and
(d) the Royal College of Physicians of Ireland,
to nominate medical practitioners for appointment to the panel.
(4) The Executive may, if it considers it appropriate to do so, appoint to the review panel one or more of the medical practitioners nominated under subsection (3).
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paragraphs: (1) As soon as may be but, in any event, not later than 3 days from the date on which it receives an application under section 10 (2), the Executive shall establish and convene (or cause to be convened) a committee, the membership of which shall, subject to subsections (2) to (5), be drawn from the review panel, to review the relevant decision that is the subject of the application.
(2) In the case of a relevant decision which relates to the circumstances referred to in section 7 (1), the review committee shall consist of—
(a) an obstetrician who practises as such at an appropriate institution, and
(b) a medical practitioner of a relevant speciality.
(3) In the case of a relevant decision which relates to the circumstances referred to in section 9 (1), the review committee shall consist of—
(a) an obstetrician who practises as such at an appropriate institution,
(b) a psychiatrist who practises as such at an appropriate institution, and
(c) a psychiatrist who practises as such—
(i) at an approved centre, or
(ii) for, or on behalf of, the Executive,
or both.
(4) Of the 2 psychiatrists referred to in subsection (3), at least one shall be a psychiatrist who provides, or who has provided, mental health services to women in respect of pregnancy, childbirth or post-partum care.
(5) A medical practitioner shall be disqualified from sitting on the review committee where he or she has previously been consulted by the pregnant woman in relation to the matter that is the subject of the relevant decision to be reviewed by the committee.
(6) For the purposes of this Chapter, a relevant decision which falls within paragraph (a) of section 10 (1) shall be treated as if it were a refusal to give an opinion such as would be required for the purposes of a section 7 certification (where the circumstances referred to in section 7 (1) apply) or a section 9 certification (where the circumstances referred to in section 9 (1) apply).
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paragraphs: (1) The review committee shall complete its review of a relevant decision as soon as may be but, in any event, not later than 7 days from the date on which the review committee was established and convened under section 12 (1).
(2) The review committee shall, for the purposes of reaching a determination on its review of the relevant decision, examine the pregnant woman.
(3) Where the review committee has completed its review of the relevant decision and is satisfied in good faith that—
(a) there is a real and substantial risk of loss of the pregnant woman’s life from a physical illness or by way of suicide, as the case may be, and
(b) in its reasonable opinion (being an opinion formed in good faith which has regard to the need to preserve unborn human life as far as practicable) that risk can only be averted by carrying out a medical procedure referred to in section 7 (1) or 9 (1), as the case may be,
the committee shall, subject to section 19 , jointly certify that it is so satisfied and, as soon as may be, give notice in writing of its determination to the woman (or, if the application under section 10 (2) concerned was made by another person on behalf of the woman, to that other person) and the Executive.
(4) Where the review committee has completed its review of the relevant decision and is not satisfied as referred to in subsection (3), it shall, as soon as may be, give notice in writing of its determination to the pregnant woman (or, if the application under section 10 (2) concerned was made by another person on behalf of the woman, to that other person) and the Executive.
(5) Subject to section 19 , the certifying obstetrician shall—
(a) forward, or cause to be forwarded, the section 13 certification to an appropriate institution, and
(b) make such arrangements as may be necessary for the carrying out of the medical procedure to which the section 13 certification relates at the appropriate institution.
(6) In subsection (3) “jointly certify”, in relation to the review committee, means that all of the members of the committee make the section 13 certification concerned.
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paragraphs: (1) The pregnant woman shall be entitled to be heard by the review committee and, where the woman or a person acting on her behalf informs the committee that she wishes to be heard, the committee shall make such arrangements as may be necessary in order to hear the woman or a person acting on her behalf.
(2) The review committee may, for the purposes of its review of a relevant decision, by direction in writing require a medical practitioner or former medical practitioner, at such time and place as may be specified in the direction—
(a) to produce to the committee such documents or other records in his or her possession or control as may be so specified, or
(b) to attend before the committee and to give to the committee such assistance and answer such questions as it may require.
(3) The review committee may, subject to the provisions of this Act, determine its own procedures.
(4) The Executive shall provide, or arrange for the provision of, such administrative facilities as may be necessary to enable the review committee to perform its functions.
(5) A member of the review committee shall be paid by the Executive out of funds at its disposal such remuneration and such allowances for expenses as the Minister may, with the approval of the Minister for Public Expenditure and Reform, determine.
(6) A person who attends the review committee pursuant to a direction under subsection (2) shall be paid by the Executive out of funds at its disposal such remuneration and such allowances for expenses as the Minister may, with the approval of the Minister for Public Expenditure and Reform, determine.
(7) A person who fails to comply with a direction under subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a class C fine.
(8) Summary proceedings for an offence under subsection (7) may be brought and prosecuted by the Executive.
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paragraphs: (1) The Executive shall, not later than 30 June in each year, prepare and submit to the Minister a report on the operation of this Chapter in the immediately preceding year, and the Minister shall, as soon as may be after receiving the report, cause copies of the report to be laid before each House of the Oireachtas.
(2) Notwithstanding the generality of subsection (1), a report under this section shall, in respect of the year that is the subject of the report, include information on—
(a) the total number of applications for review received by the Executive,
(b) the number of reviews carried out,
(c) in the case of the reviews carried out, the reason why the review was sought, and
(d) the outcome of the reviews.
(3) In preparing a report under this section, the Executive shall exclude from the report information that identifies, or that could reasonably lead to the identification of—
(a) a woman who has made an application under section 10 (2) or in respect of whom such an application has been made by a person acting on her behalf, or
(b) a medical practitioner who has carried out a review.
(4) The Executive shall arrange for a report laid before both Houses of the Oireachtas in accordance with subsection (1) to be published in such form and manner as it thinks appropriate as soon as practicable after copies of the report are so laid.
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paragraphs: Nothing in this Act shall operate to affect any enactment or rule of law relating to consent to medical treatment.
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paragraphs: (1) Subject to subsections (2) and (3), nothing in this Act shall be construed as obliging any medical practitioner, nurse or midwife to carry out, or to assist in carrying out, any medical procedure referred to in section 7 (1) or 9 (1) to which he or she has a conscientious objection.
(2) Subsection (1) shall not be construed to affect any duty to participate in any medical procedure referred to in section 8 (1).
(3) A person who has a conscientious objection referred to in subsection (1) shall make such arrangements for the transfer of care of the pregnant woman concerned as may be necessary to enable the woman to avail of the medical procedure concerned.
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paragraphs: (1) Nothing in this Act shall operate to limit the freedom—
(a) to travel between the State and another state, or
(b) to obtain or make available in the State, in accordance with conditions for the time being laid down by law, information relating to services lawfully available in another state.
(2) Nothing in this Act shall operate to restrict any person from travelling to another state on the ground that his or her intended conduct there would, if it occurred in the State, constitute an offence under section 22 .
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paragraphs: A certification shall—
(a) be made in the prescribed form and manner, and
(b) contain the prescribed information (which shall include the clinical grounds for carrying out the medical procedure to which the certification relates).
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paragraphs: (1) Where a medical procedure referred to in section 7 (1), 8 (1) or 9 (1) is carried out in respect of a pregnant woman at an appropriate institution, the person in charge of the appropriate institution shall—
(a) keep a record—
(i) in the prescribed form and manner of the carrying out of the medical procedure, and
(ii) containing the information specified in subsection (3),
and
(b) not later than 28 days after the medical procedure has been carried out, forward, or cause to be forwarded, a copy of that record, or such part of that record as may be prescribed, to the Minister in such manner as may be prescribed.
(2) Where a medical procedure referred to in section 8 (1) is carried out in respect of a pregnant woman in a location other than an appropriate institution, the medical practitioner who carried out the medical procedure or, where appropriate, the person in charge (if any) of the location where the medical procedure was carried out shall—
(a) keep a record—
(i) in the prescribed form and manner of the carrying out of the medical procedure, and
(ii) containing the information specified in subsection (3),
and
(b) not later than 28 days after the medical procedure has been carried out, forward, or cause to be forwarded, a copy of that record, or such part of that record as may be prescribed, to the Minister in such manner as may be prescribed.
(3) The following information is specified for the purposes of subsections (1)(a) and (2)(a):
(a) the Medical Council registration number attached to the registration of the medical practitioner who carried out the medical procedure referred to in section 7 (1), 8 (1) or 9 (1), as the case may be, in respect of the pregnant woman concerned;
(b) whether the medical procedure was carried out in respect of the pregnant woman pursuant to a section 7 certification, section 8 certification (whether made before or after the medical procedure was carried out) or section 9 certification and the Medical Council registration number attached to the registration of each of the medical practitioners who made the certification concerned;
(c) the name of the appropriate institution where the medical procedure was carried out in respect of the pregnant woman or, if that medical procedure is a medical procedure referred to in section 8 (1) that was carried out at a location other than an appropriate institution, a description of that location sufficient to identify it;
(d) the date on which the medical procedure was carried out in respect of the pregnant woman.
(4) The Minister shall, not later than 30 June in each year, prepare a report on the notifications received by him or her under this section during the immediately preceding year, and shall, as soon as may be after preparing the report, cause copies of the report to be laid before each House of the Oireachtas.
(5) The Minister shall arrange for a report laid before both Houses of the Oireachtas in accordance with subsection (4) to be published in such form and manner as he or she thinks appropriate as soon as practicable after copies of the report are so laid.
(6) In preparing a report under this section, the Minister shall exclude from the report information that identifies, or that could reasonably lead to the identification of—
(a) a woman who is the subject of a notification under this section,
(b) a medical practitioner referred to in subsection (3)(a), or
(c) a medical practitioner referred to in subsection (3)(b).
(7) In this section, “notification” means a copy of a record, or a part thereof, that is forwarded or caused to be forwarded to the Minister under subsection (1) or (2).
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paragraphs: Section 9 of the Health Act 2007 is amended—
(a) in subsection (1), by the substitution of the following paragraph for paragraph (a):
“(a) there is a serious risk—
(i) to the health or welfare of a person receiving those services, or
(ii) of a failure to comply with the provisions of the Act of 2013,
and”,
and
(b) by the insertion of the following subsections after subsection (3):
“(4) Where an investigation under this section is being undertaken in respect of a serious risk referred to in subsection (1)(a)(ii) and such risk relates to an appropriate institution, the Minister may, by notice in writing served on the person in charge of the appropriate institution, direct that person to ensure that, from the date, or the event, specified in the notice for the purpose—
(a) a medical procedure referred to in section 7 (1) of the Act of 2013 is not carried out at the institution, or
(b) a medical procedure referred to in section 9 (1) of that Act is not carried out at the institution,
or both.
(5) Where—
(a) the Minister has served a notice under subsection (4) on the person in charge of an appropriate institution, and
(b) subsequent to the service of the notice referred to in paragraph (a), the Minister believes that the serious risk concerned referred to in subsection (1)(a)(ii) that caused him or her to serve such notice is not, or is no longer, such serious risk (regardless of whether he or she comes to that belief during the course of, or after the conclusion of, the investigation concerned under this section),
the Minister shall, as soon as practicable after coming to the belief referred to in paragraph (b), by notice in writing served on the person in charge of that appropriate institution, revoke the notice referred to in paragraph (a) on the date, or the event, specified in the notice so served on that person.
(6) In this section—
‘Act of 2013’ means the Protection of Life During Pregnancy Act 2013;
‘appropriate institution’ has the meaning it has in the Act of 2013.”.
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paragraphs: (1) It shall be an offence to intentionally destroy unborn human life.
(2) A person who is guilty of an offence under this section shall be liable on indictment to a fine or imprisonment for a term not exceeding 14 years, or both.
(3) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions.
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paragraphs: (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.