Dáil debates

Tuesday, 7 March 2017

Protection of Life During Pregnancy (Amendment) Bill 2017: Second Stage [Private Members]

 

9:15 pm

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I thank the AAA-PBP, in particular, Deputy Bríd Smith, for using their Private Members' time to debate this important issue. It is particularly welcome we are discussing this issue on the eve of International Women's Day.

Sinn Féin is opposed to the criminalisation of women for terminating pregnancies. This was reflected in the contribution we made during the debate on the Protection of Life During Pregnancy Bill in 2013. At the time, we tabled several amendments which would have excluded the pregnant woman herself from criminal sanction. While the Bill we are debating tonight is well-intentioned, the simple and undeniable fact is that it does not address the issue of the criminalisation of women. This issue cannot be meaningfully addressed until the eighth amendment to the Constitution is repealed.

We in Sinn Féin do not dispute in any way that the Deputies tabling this Bill are well intentioned. However, the Bill, as drafted, could lead to unforeseen consequences such as reducing the penalty for those who intentionally commit harmful actions against a pregnant woman. We acknowledge this is not the primary intention of the Bill. However, as drafted, it is a real possibility and one which means we cannot support it. We cannot ignore the fact that this Bill will not address the key issue facing women today. This House cannot, despite its best intentions, give women the help and support they need until the eighth amendment is repealed.

Instead, we have the Government refusing to deal with the issue which is impeding the delivery of rights for women. We have the Citizens' Assembly which is supposed to comprise a cross-section of our community. Why are we asking 99 people in staged debates in Malahide rather than asking everyone? We should have a vote for all. It is past time for the referendum. The people want this referendum. We are fooling nobody if we think we can tinker around the edges of this issue without repeal.

The eighth amendment stands between this House and our ability to stop the criminalising of women for accessing abortion services. The eighth amendment is an impediment to dealing effectively with crisis pregnancies. Without a repeal of the eighth amendment, we are letting women down. We criminalise their actions without giving them a choice. While I welcome this debate, we cannot ignore the fact this legislation seeks to reduce the penalty. However, only after repeal can we effectively deal with the issue of criminalisation. It is time to repeal the eighth amendment because we cannot have a grown-up conversation as a people about the criminalisation of our women until that happens. Whether the fine is one cent, €1 or €1 million, the issue of the criminalisation of women, which Sinn Féin has spoken out against inside and outside this Chamber, cannot be dealt with until we repeal the eighth amendment.

We fully respect the intention of the Deputies who tabled this Bill but Sinn Féin cannot support it as drafted. We do not wish, however, to oppose it because we know it is motivated by compassion. We will have to abstain on the Bill, but we will work with all those Deputies from all parties and none who want to see the eighth amendment repealed.

On the eve of International Women's Day, we reflect on cases like that of Ann Lovett, as well as the women and their babies condemned to the horror of mother and baby homes. As a people, we have not covered ourselves in glory where women are concerned. While we continue to do women a disservice, wait for the Citizens' Assembly to report and wait for the Government to legislate for the repeal of the eighth amendment, we also continue to criminalise our sisters, friends and daughters. These women deserve better. They do not deserve criminalisation. Whether the fine is one cent or €1, we cannot ignore the fact there is an amendment to the Constitution which impedes those of us who want to do the right thing for women.

We must stop repeating the mistakes of the past and get on with the business of compassion and understanding for our women and girls. Let us repeal the eighth amendment and ensure pregnant women are excluded from any indictment and all penalties. We cannot do this until we repeal the eighth amendment and come together as a parliament to debate and legislate for women.

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