Oireachtas Joint and Select Committees

Thursday, 10 January 2013

Joint Oireachtas Committee on Health and Children

Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland

3:20 pm

Ms Jacinta Fay:

Choice Ireland campaigns for free access to accurate information on crisis pregnancy, comprehensive sex education, free access to contraception and free, safe and legal abortion. The issue of abortion based on sex or gender selection was raised. We argue that such practices are due to patriarchal structures and that male preference is a result of gender norms which value males over females. Any ban on abortion for the purpose of sex selection would not counteract the entrenched gender bias that underlines this practice. It has been the experience of other cultures that such bans have been ineffective and have further exacerbated gender discrimination by undermining women's autonomy and creating additional obstacles to women's health care.

In regard to the demographics of the women who are travelling to England for abortions, I do not have statistics but we know that a broad spectrum of women is involved. It includes young and older women as well as those who are already married with children and do not have sufficient funds to support another one.

There are a variety of reasons why women will travel to access an abortion and all of them are valid.

In respect of late-term abortions, the master of the National Maternity Hospital answered that question in previous hearings. The principle accepted by the Supreme Court is that while the mother and foetus have equal rights, if those rights are in conflict then the rights of the mother prevail. In theory, that situation can arise at any stage of the pregnancy but we are talking about very extreme circumstances. The longer a pregnancy goes on, the less likely it is that this circumstance will arise given that in the UK, 87% of abortions occur in the first trimester.

Someone alluded to doctors saying that there were no limits on intervention. The masters of the Rotunda Hospital and the National Maternity Hospital would refute that in respect of what they said during the hearings. All of us here stated in our submission that there was a significant chill factor because under the 1861 Act, abortion is criminalised and a doctor acting in good faith and the woman can be criminalised.

Someone discussed fatal foetal abnormalities. We advocate that if a woman carrying a foetus with a fatal abnormality wishes to access an abortion, that is her choice. Obviously, she should not be forced to do so as it is up to her. We discussed at length the argument that implementing the X case would open the floodgates. It is very clear within our Constitution that the mother and foetus have equal rights so if we wanted to have less restrictive access to abortion, we would need to have another referendum.

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