Oireachtas Joint and Select Committees

Wednesday, 27 April 2022

Joint Oireachtas Committee on Health

Review of the Operation of the Health (Regulation of Termination of Pregnancy) Act 2018: Discussion

Ms Maeve Taylor:

Yes, and in our view, the two are inseparable. We cannot simply separate out operational issues as if the legislative framework did not impact them. The review was included in the Act to draw on the knowledge gained over three years and to look carefully at whether the Act is delivering for the women who need care. One thing we have learned from the operation of the Act over three years is that those now excluded from care are excluded and stigmatised in particular ways. Prior to legal abortion, all women who needed abortion care and who had to organise their own care were stigmatised and excluded. Many were not aware of the supports available under law, such as specialised pregnancy counselling.

Now we have a situation where a small number of people are excluded from what is mainstream healthcare. I refer to the harm being done to those people from being denied something available from GPs. This is happening in the context where the law is specifying certain people cannot avail of the service because of the existence of a waiting period, even though the pregnancy concerned is less than 12 weeks. It means people will just miss the cut-off limit because of the waiting period included in the legislation for no reason related to women’s health. Therefore, it would make absolutely no sense to consider the operational issues without looking at the impact of the law on them. Dr. Henchion has been clear regarding a situation where, unlike any other healthcare procedure, the law is in the room and in the consultation. We never talk about the law as much in other contexts. Therefore, returning to the question of the review not addressing this aspect, it can certainly address things on the fringes but we must also look at the overall picture and the impact of the law in this regard.

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