Dáil debates

Tuesday, 7 March 2017

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

 

9:45 pm

Photo of Paul MurphyPaul Murphy (Dublin South West, Anti-Austerity Alliance) | Oireachtas source

Here we are again with the left bringing the movement for women's bodily autonomy and women's rights into the Dáil. Outside the Dáil there is a majority who support the repeal of the eighth amendment and a majority who support the extension of abortion rights. In here, in this debate, we are in a small minority because of how conservative and how influenced by the Catholic Church the establishment is. The response of the various political parties is to hide again from this issue. Fine Gael's response is to hide behind the Citizens' Assembly, an assembly which is itself a hiding exercise and an attempt to put the question off far into the future. Fianna Fáil is also hiding behind a Citizens' Assembly. Its leader has said the real citizens' assembly is in the Dáil.

It is hiding behind a spurious argument about legality and constitutionality. There is nothing to that argument. Sinn Féin, interestingly, is hiding behind the legality argument while also arguing that this Bill does not go far enough because it does not repeal the eighth amendment. In reality, it is hiding because it is not a pro-choice party. Unfortunately, it is in favour of abortion rights in extremely limited circumstances. While we welcome the support of the Labour Party, it should be noted that it is ironic that the punishment and criminalisation against which the former Minister, Deputy Alan Kelly, and his party colleagues intend to vote was introduced by a Government of which they were a part. This raises a question over the so-called "proud history" of the Labour Party. I suggest it would be more accurate to refer to the proud history of the labour movement.

I want to clarify the question of legality. This Bill is an attempt to do as much as possible, within the framework of a barbaric and backward Constitution that needs fundamental amendment, to come close to ending the criminalisation of women who access abortion. It is precisely for that reason that the Bill is not unconstitutional. Rather than eliminating the penalty altogether, which is what we would have liked to do, the most we can do within the framework of the Constitution as it stands is to reduce the penalty from 14 years to one year. The arguments being made by Fianna Fáil and others are nonsense. We agree with those who say they are in favour of the repeal of the eighth amendment and those who say they are pro-choice. We are asking them to vote in favour of this Bill. It is very simple.

The Bill does not solve all the problems. It does not repeal the eighth amendment. It does not provide for abortion for women who need it. It does not provide for the necessary health services. We are fighting for all of those things. The establishment tries to hide, but women cannot hide from the criminalisation that is happening on a daily basis. The 12 women a day who are forced to travel abroad and the women who access abortion pills face this potential criminal sanction. The movements outside the Dáil will not allow the establishment to hide from the need to repeal the eighth amendment. Those who mobilised today on the bus for repeal, those who will mobilise tomorrow with the strike for repeal and those who will participate in the march for repeal will not let the establishment get away with it.

It is important, and it is not wrong, to name the opponents of the change that is needed in our society. The Catholic Church and the religious right were responsible for the insertion of the eighth amendment in the first place with the agreement of the establishment parties. Deputy Éamon Ó Cuív said that his views on this issue have nothing to do with religion. He said it is his independent belief that a foetus has some sort of independent existence. I do not believe it is an accident that this belief is shared by Catholic Church. The Constitution of this State is riddled with the Catholic ethos. This is an expression of the historic relationship between the hierarchy of the Catholic Church and the State. It is not an accident that the only other constitution in the world with a ban on abortion is the constitution of Chile, which was introduced by Pinochet with the co-operation of a big part of the clergy during his dictatorship. The Catholic Church is the church of symphysiotomy, the Magdalen laundries and the so-called mother and baby home in Tuam. It attempts to lecture women about morality. The church and the rest of the conservative establishment cannot talk seriously about being pro-life. They could be much better described as being pro-birth.

I will conclude by making a point about respect. Many Deputies have appealed for respect to be shown during this debate. That is fine. We should have a respectful discussion. This is fundamentally about respect for women. The calls for respect are about policing the tone of women and saying women should not be demanding full abortion rights. The key thing is respect for women's rights and women's bodies.

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