Dáil debates

Wednesday, 17 December 2014

An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (An Ceart chun Féinriarachta Pearsanta agus Sláine Colainne) 2014: An Dara Céim (Atógáil) [Comhaltaí Príobháideacha] - Thirty-fourth Amendment of the Constitution (Right to Personal Autonomy and Bodily Integrity) Bill 2014: Second Stage (Resumed) [Private Members]

 

7:45 pm

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party) | Oireachtas source

I wish to respond to the thrust of the Minister, Deputy Varadkar's speech yesterday and that of many other Government Deputies but also, unfortunately, echoed by Fianna Fáil and shamefully by Sinn Féin. What was primarily picked up by the media of what the Minister said was the admission of the blatantly obvious that the eighth amendment is too restrictive and has no respect for women's long-term health. However, the essence of his speech and that of many other parties in this House is a statement that the debate on abortion has been dominated by the extremes on both sides who have, in turn, crowded out the middle ground. Conveniently, he places himself and his party in this reasonable middle ground, together with a mythical conservative middle Ireland. This is an attempt to discredit the pro-choice movement by saying we are the equivalent, the same as the pro-life reactionaries, the anti-choice people who would be opposed to every single social progress possible and propose at any stage that we are both two different extremes. Let us be clear that this Bill is not an extreme piece of legislation. It proposes that the Constitution should not have a feature that places the lives of women at the same level as the lives of foetuses. Those who oppose that, those who defend with whatever justification that provision are the extremists. In almost any other country in Europe, they would be seen as far out extremists, but not just in any other country in Europe.

The reality is that things have changed in this country and in this country they are extremists. There is a clear majority. I refer to a poll in the Sunday Independentin September which showed "Yes" at 56% to the question of holding a referendum on repeal of the eighth amendment, with the figure for "No" at 19% and "Don't know" at 25%. Alongside that poll, a massive majority were in favour of the right of abortion for women in a whole number of different circumstances, all of which would require the repeal of the eighth amendment. All of the talk about this middle Ireland that cannot be trusted to have a responsible debate on abortion should be recognised for what it is, a fig-leaf by the conservative force in this House who do not want to legislate and who do not want to have their position exposed in front of the majority. The people in this country are well able and well ready for a referendum on this question.

It is clear which way they would vote.

I also reject the call that accompanies this argument for a consensus between the two extremes. Speakers on the Government side argued that we must arrive at some sort of consensus. I have no interest in reaching a consensus on women's reproductive rights with the conservative forces in this House. I have an interest in women reaching a consensus with themselves about what choice they make. They should have the right to have an abortion if that is what they choose. They should also have access to all aspects of reproductive justice and rights, including the right to have access to decent child care and health care. Those are the areas on which discussion and a consensus should take place, not among a bunch of conservative old men in Parliament.

The Minister's statement that he does not have the right to impose his views on others was echoed by other Fine Gael Party Deputies. This is precisely what he is doing by refusing, as Minister for Health, to allow a referendum to be held on repealing the eighth amendment. His refusal means the status quowill be maintained. He recognises that the eighth amendment is too restrictive. Did he also believe that was the case when, one year ago, he voted to criminalise women who have abortions and those who help them to do so and exclude fatal foetal abnormalities from the abortion legislation? If he believes that women's health is endangered by the eighth amendment, what does he propose to do about it? The excuse that the Government does not have a mandate to hold a referendum on this issue is completely empty. The Government did not receive a mandate to introduce water charges, attack child benefit or introduce many other recent measures but this has not prevented it from doing so. It has a mandate to allow people to decide on this issue.

The Minister criticised the slogan that emerged at the time of the tragic death of Savita Halappanavar when he stated we can never say "Never again" and really mean it and must face up to the reality that it is not possible to eliminate all human tragedy from pregnancy. Of course that is the case. However, the slogan does not mean there will never again be tragedy in pregnancy. We can say "Never again" to many things, for example, to women dying as a result of being legally denied access to abortion, to women who have been raped and are suicidal being refused the right to travel to access an abortion and forced to give birth and to the unbelievable case about which details are emerging that involves a clinically dead pregnant woman being kept alive by a hospital against the wishes of her parents because of the provisions in the Constitution and the absence of an ability to repeal them.

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