A draft report of the Oireachtas Committee on the Eighth Amendment has outlined preliminary recommendations it will furnish to the Oireachtas ahead of a referendum on Article 40.3.3 next year.
The 21-member cross-party committee also voted to allow abortion in cases where a foetus has a severe life limiting condition and where the physical and mental health of the woman is at risk.
The preliminary report, which was published this afternoon, says the current regime for the termination of pregnancy in Ireland is unfit for purpose and that constitutional reform was necessary.
It said that in determining the type and nature of constitutional reform deemed necessary, the committee has considered the balance to be struck between certainty and flexibility in law making and the need to comply with Ireland's obligations under international human rights law.
The report states that evidence given to the committee was that operation of the Protection of Life During Pregnancy Act 2013 has created significant difficulties, some of which can only be addressed if the recommendations contained in the committee's report were adopted.
According to the draft report, the committee is of the view that no differentiation should be drawn between the life and health of the woman.
This it says is consistent with the evidence from medical experts made available to the committee regarding the difficulty medical professionals have in defining where a threat to health becomes a threat to life.
The committee recommends that it is not possible to prescribe for risk in legislation and that the assessment of risk is best considered in a clinical setting rather than being fixed in legislation.
The report says the committee also accepts that in the case of women presenting with mental health issues, the grading of risk is particularly difficult.
It says there is a need for far greater investment in the mental health of pregnant women.
It recommends that termination of pregnancy should be lawful where the life or health of the woman is at risk and that a distinction should not be drawn between the physical and mental health of the woman.
The committee will publish its final report next Wednesday afternoon, which will then be furnished to the Oireachtas.
Members met this evening to consider ancillary recommendations but Independent TD Mattie McGrath, Fine Gael TD Peter Fitzpatrick and Senator Rónán Mullen did not attend.
Mr McGrath and Mr Fitzpatrick confirmed to RTÉ News that the three will be issuing their own minority report next week. All three opposed the committee's decision to support the repeal of the Eighth Amendment.
Mr Mullen said that yesterday's vote represented the outcome of a flawed process and he claimed that the committee was biased from the outset.
The chair of the committee said members agreed their report at this evening’s meeting.
Senator Catherine Noone said the amendments made reflect the votes taken yesterday and the evidence heard overall.
Dáil to debate report early in 2018
Earlier, The Tánaiste provided some clarity on the steps the Government will take once the full report is published.
Simon Coveney said the report would be debated in the Dáil early in the new year and it will then go to the Government for consideration.
Minister for Health Simon Harris will then aim to bring forward legislation on this issue before March.
In the Dáil, the Tánaiste spoke about getting a proposal in place that would lead to a "successful referendum".
Separate technical legislation to allow for the holding of this referendum next May will also have to be worked on.
Mr Coveney said this issue would divide households across the country and no one should be declaring victories.
He urged that the language used in the upcoming debate should be respectful of all views.
