Mr Tom Sheridan
Clerk to the Committee,
Joint Committee on Health
Leinster House
Dublin 2 D02 XR20
02 October 2026
Re: Health (Abolition of Three Day Wait Rule) (Amendment) Bill 2026
Dear Mr Sheridan,
I am writing regarding the Health (Abolition of Three Day Wait Rule) (Amendment) Bill 2026, on which the Committee has been undertaking pre-legislative scrutiny.
I wish to put on the record the position of the Irish Human Rights and Equality Commission (‘the Commission’) in relation to the proposed removal of the mandatory three-day waiting period under section 12 of the Health (Regulation of Termination of Pregnancy) Act 2018.
As Ireland’s national human rights institution and equality body, the Commission has previously considered the human rights and equality implications of the mandatory waiting period, including through our Submission to the Review of the Health (Regulation of Termination of Pregnancy) Act 2018.
The Commission has previously recommended that the mandatory waiting period set out in section 12 of the Act be removed.
That recommendation reflects concerns identified by the Commission regarding the barriers that the mandatory waiting period can create for people seeking termination of pregnancy. In particular, the Commission has noted evidence that the requirement for a second appointment can result in delays beyond the prescribed three days, depending on the availability and capacity of healthcare providers. It can also create additional logistical and economic barriers, particularly for people who may already face difficulties accessing healthcare.
The Commission has also considered evidence that the mandatory waiting period can cause additional anxiety and stress for service users, increase the risk of unwanted disclosure of a pregnancy, and create particular difficulties for those facing barriers to attending multiple appointments. We have further noted concerns regarding access to care for those approaching the statutory gestational limit.
These concerns are consistent with the position reflected in relevant international human rights standards. The UN Human Rights Committee has expressed concern regarding the mandatory three-day waiting period and recommended that Ireland review provisions which may create barriers to accessing safe abortion. The World Health Organisation has likewise identified the logistical and economic challenges associated with mandatory waiting periods.
Against that background, I want to make the Commission's position clear for the purposes of the Committee's consideration of the Bill.
The Irish Human Rights and Equality Commission supports the removal of the mandatory three-day waiting period under section 12 of the Health (Regulation of Termination of Pregnancy) Act 2018.
We consider that removing this requirement would address an unnecessary statutory barrier to timely access to termination of pregnancy services and would be consistent with a human rights and equality-based approach to the provision of reproductive healthcare.
I would be grateful if this letter could be circulated to Committee members and retained as part of the Committee's consideration of the Bill.
In line with our publications policy, this letter may be published on our website. This policy only pertains to IHREC-issued communications, and not to correspondence received by us.
Yours sincerely,
Liam Herrick
Chief Commissioner Irish Human Rights and Equality Commission