Oireachtas Joint and Select Committees

Wednesday, 6 December 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Statements by Committee Members on Recommendations oif Citizens' Assembly

2:10 pm

Photo of Kate O'ConnellKate O'Connell (Dublin Bay South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To start, like everyone else, I thank the Chairman for the way she has conducted herself throughout these proceedings, and especially my fellow committee members from all parties and none who have worked together to come to where we are this evening which, I know, is only one step on the path to where I hope we ultimately end up.

Initially, I would like to speak about rape. I consider rape and incest to be in the same category. The reason I would like to start here is because it is often cited as grounds to allow termination.

Some people seem to prescribe that in their opinion terminations should be allowed in cases of rape and that indicates to me that it is the act of becoming pregnant that qualifies someone for a termination, not the potential life that is a consequence of that act. There is no typical victim and there is no typical scenario here.

In the Irish context, more than four in ten or 42% of women have reported some form of sexual abuse or assault in their lifetime. The most serious form of abuse, penetrative abuse, was experienced by 10% of all women. Therefore, we are saying that, because these women had a man, and then a pregnancy, forced upon them, by virtue of the suffering that they endured they are deserving of a termination. Why must a woman suffer, be violated and terrorised before people feel compassion for her? If we are going down that route, would people think it suitable that we start inquiring as to the violence of the rape, whether it was committed when she was conscious or unconscious, whether she needed medical intervention for vaginal tears requiring sutures or cervical surgery? Do those on this committee, those outside this committee in the Upper and Lower Houses, and those outside these walls in the real world think that the punishment that should be meted out to someone for perceived recklessness is parenthood? Is that any way to be going on?

Does it give those who want no change comfort to know that no change means they get what they want, and to hell, literally, with everyone else? I wonder does it make them feel victorious - what a victory they have had until now - over women the power, the control, the pervasive shame, the fear that follows us around into our homes, into our bedrooms and into our hospital theatres?

By a substantial majority, the assembly voted in favour of legalising termination when a woman's life or health is at risk, when pregnancy follows rape, in cases of foetal abnormality, for socioeconomic reasons or without restriction. "Our Constitution [by virtue of the thirteenth amendment] enshrines a woman's right to commit an act which is a criminal offence in her own country, as long as it is committed outside the State. By any yardstick, this is a bizarre situation." These are the words uttered by the chair of the obstetrics and gynaecology organisation in Ireland. What vested interest, other than the health and safety of women and infants, had that man? What bias, other than one towards safe and compassionate medical treatment, could he be accused of? Article 40.3.3° gives rise to significant difficulties for doctors practising in Ireland and has caused grave harm to women, including death. Medical personnel have no difficulties in obeying clear legislation and medical regulation, but they are not trained for the complexities of constitutional interpretation, nor should they reasonably be expected to be.

The eighth amendment has given rise to legal cases, including the X case, the C case, D v. Ireland, the Miss D case, A, B and C v. Ireland, Ms Y, Mellet v. Ireland, and Whelan v. Ireland. These are difficult and painful cases of Irish women and girls who have had to resort to stressful legal processes in the absence of comprehensive legislation on abortion. If the eighth amendment is not repealed, this list will continue to grow and Ireland will continue to be censured by international bodies, such as the European Court of Human Rights and the United Nations.

In the case of the risk to the life of the mother, it is provided for in all European countries, except Malta. In the case of risk to the health of the mother, it is provided for in all countries, except Malta and Ireland. Termination of pregnancy as a consequence of rape is available in all countries, except Malta and Ireland. Termination in the case of foetal abnormality is available in all countries, except Malta and Ireland. Termination for medical reasons beyond 12 weeks is available to a varying degree in all countries, except Malta, Ireland and Poland. This is the truthful expert testimony that we have heard at this committee.

We also heard evidence that the rate of women accessing the abortion pill from online service providers is increasing. We were told of the grave concern that doctors have as a consequence of this reality, and the potential harm caused by the use of unregulated medicines by Irish women and girls. It is a matter of priority for the Oireachtas to address the reality of this situation.

We have downright Hippocratic - sorry, hypocritical - laws. Hippocratic is different, if Senator Mullen would not mind butting out.