Joan Collins (Dublin South Central, Independent) | Oireachtas source

People are clear on my position on the repeal of the eighth amendment. Ireland's historical treatment of women and children is not something of which we can be proud. This was sadly reaffirmed with the news about the findings at the Tuam Mother and Baby Home on Friday. The legacy of the shameful way in which women were treated in the past is evident in the Constitution to this day, and the eighth amendment infringes upon the autonomy of women and impedes on our access to essential reproductive health care services.

As has been said, 12 women a day leave these shores to travel to Britain for an abortion. I read a quote that stated that in the 100 days the Citizens' Assembly has been sitting approximately 1,000 women have left these shores to go to Britain for an abortion, with hundreds more taking the abortion pill.

For too long we have exported our abortion dilemma to other shores and we cannot continue to do this. For those who are not in a position to travel, the eighth amendment is a source of discrimination and inequality. The abortion ban hits marginalised and vulnerable women the hardest. These include women on low incomes, for whom the cost of travelling for an abortion can mean up to 15% to 20% of their income. We know those who are disproportionately affected include asylum seekers and undocumented women, children and adolescents, women living with a disability or illness, victims of domestic violence and women who have received a diagnosis of fatal foetal abnormality. We also know that in recent polls there is a strong public desire to have a clear regulatory framework in place that allows access to abortion.

People are no longer willing to see people's lives placed at risk. They are no longer willing to see the chilling effect of section 22 of the legislation which provides that anybody who procures or carries out an abortion will be jailed for up to 14 years.

Deputies Clare Daly, Mick Wallace and I, former Deputy Luke 'Ming' Flanagan and other Members attempted to introduce legislation in this area twice in the previous Dáil. That played an important role in raising this issue and generating debate on it in the Dáil and among those in the community. When we introduced our first Bill in this area, we got legal advice on it, and it was very strong legal advice, but while it was defeated, it was supported by Action on X and all the other organisations, which have supported the progressive legislation we attempted to introduce. The issue was clearly placed on the agenda and could no longer be ignored by the political elite in the country and that Bill played an important role in the movement that has developed around support for the repeal of the eighth amendment.

I opposed the Protection of Life During Pregnancy Bill particularly because of the Tuam effect of the legislation with regard to the imposition of a prison sentence of up to 14 years. It is horrendous that a young girl who is very frightened would have that threat hanging over her head. It is disgraceful that we as a Dáil continue to allow that situation to continue.

I understand where Deputy Bríd Smith is coming from in introducing this Bill. It seeks to reduce the penalty from a chilling 14 years imprisonment to €1, but, as was mentioned, it does not decriminalise the act of having an abortion in terms of the role of the GP, or that of the women or the girls. Health professionals would still be charged with a criminal offence. They would be struck of the register if they assisted in this. A fine of €1 would not have an impact on that. It would still be a criminal offence from that point of view. If a mother were to get an abortion pill for her daughter or if a woman were to get an abortion bill from another country, they would still be criminalised. They would still have to go to a court and would be known to have accessed an abortion pill. This Bill does not provide for decriminalising the act of accessing an abortion pill or accessing an abortion and if it was passed tomorrow, I do not believe that any health professional would procure an abortion for a women having regard to it.

That is a difficult situation.

I have talked to people about the Bill. Some have said it is a great Bill as it makes an ass of the Act in reducing the 14-year sentence to a €1 fine; others have said they do not agree with it because they feel it is a bit of a stunt. However, any debate we have in the Dáil on the question of abortion is good. I have yet to talk to a number of people and want to talk to more people and see the feedback I get about the Bill. Any debate we have here that raises the issue and gets it into the communities and the public arena is worthwhile. That there is legislation that could put one in jail for 14 years for accessing an abortion pill is absolutely outrageous, and this should feed into debate over the next few days and International Women's Day. Nothing can take away from the fact that the only measure that will decriminalise women, doctors, general practitioners and everybody else involved in this issue is repeal of the eighth amendment. We must do that, we must fight for it and we must keep pushing for it. We must also repeal the Offences against the Person Act 1861. Abortion should be accessible as early as possible and as late as necessary and there is generally a feeling among the population now that we need that change. I have yet to make my mind up whether I will support the Bill. I will vote on it on Thursday, but I want to get a little more advice from people before I make a decision.

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