Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

I welcome the opportunity that Deputy Clare Daly's Bill has provided to Members to discuss the remaining constitutional barriers to the equal rights of women in this State. Given that equality before the law is generally protected at Article 40.1, that the equal right of women to citizenship is protected at Article 9.1.3°, and the equal right to vote and to stand for election is expressly protected at Article 16.1, it is something of a contradiction that the 1937 Constitution continues to treat women as second-class citizens by virtue of several other specific provisions and by the archaic gendered language of the Constitution as a whole. Nearly two years ago, a strong majority of the Constitutional Convention called for the amendment of the notorious and odious "women in the home clause" at Article 41.2. It also called for the insertion of an express gender equality clause into Article 40 and the introduction of gender-inclusive language throughout. The last Members heard, a working group due to report its findings in October was still prevaricating and Members continue to await a governmental commitment to a referendum. At this stage, I can see no good reason for such an excessive delay in deciding whether and how to amend a provision that has been so widely impugned for decades.

Article 40.3.3°, which is the subject of the eighth amendment that this Bill seeks to annul, is another provision that acts as a barrier to women's equality and, specifically, the equal right to bodily integrity currently afforded a degree of protection as an unenumerated right pursuant to Ryan v.the Attorney General.

Sinn Féin has a long-standing policy of support for the humanitarian extension of therapeutic abortion in cases of rape or incest, or where the pregnancy poses a risk to the life or mental health of the pregnant woman. As it stands, Article 40.3.3° does not permit lawful provision of abortion in this State unless there is a risk to the life of the woman. In other words, pregnancy by rape or incest in and of itself is considered irrelevant. Sinn Féin, therefore, recognises that address of this situation would require constitutional change. We believe that the issue of amendment of Article 40.3.3° is one that should be considered by a second Constitutional Convention, which we have previously called on the Government to establish and empower to deliberate on a comprehensive range of necessary constitutional reforms. We are open to the suggestion that any legislative proposal put to the people should take the form of a pre-referendum and believe that a second Constitutional Convention should consider this option.

It is fair to say that there is among Sinn Féin members a diversity of opinion as to what form the amendment to Article 40.3.3° should take. I should advise the House that this matter is currently under consideration. Current Sinn Féin policy does not extend to the provision of therapeutic termination in cases of fatal foetal abnormality, risk to the health of the pregnant woman or as a matter of pure choice in the equal right to exercise of personal autonomy, the equal right to privacy and the equal right to health care. Modification of party policy on this issue is a matter for our membership to decide democratically, and this is also currently under active consideration. I am advised that Deputy Daly's well-intentioned proposal goes beyond the democratic mandate afforded me by virtue of my party's long-standing compromise position, clearly stated and well known to the electorate. I am, therefore, unable to support this legislation. I acknowledge Deputy Daly and thank her for bringing forth this Bill.

All of us are conscious of the fact that in matters surrounding the issue of abortion, strong feelings on either side of the argument can arise. In my view, we need to regard these matters with tolerance, compassion and a level of understanding of the complexities involved. As I said, Sinn Féin is not in a position to support this legislative proposal, but we do recognise that there is a need for change to protect women and to acknowledge their fundamental rights.

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