Dáil debates

Wednesday, 17 January 2018

Report of the Joint Committee on the Eighth Amendment of the Constitution: Statements

 

6:40 pm

Photo of Séamus HealySéamus Healy (Tipperary, Workers and Unemployed Action Group) | Oireachtas source

I welcome the opportunity to speak on this important issue. First, I want to confirm my support for the holding of a referendum, my support for the recommendations of the Joint Committee on the Eighth Amendment of the Constitution and my support for the repeal of the eighth amendment. I wish to thank the members of the Citizens' Assembly, the joint committee and all those who have made submissions for the service they have done in dealing with this issue in a thorough, honest and sincere way. I acknowledge this is a difficult, sensitive and emotive issue for many people, and the reasons are not hard to understand, given that intense ethical, religious, social, political and intimate personal issues coincide.

Irish abortion exists. It is a reality, even though it takes place in other jurisdictions for those who can afford it, and more recently by way of the abortion pill. It exists in a totally uncontrolled and potentially harmful way. It must be dealt with urgently and in a compassionate and understanding way. We cannot continue to have a situation where women's lives are at risk and where the medical profession is unclear about the legal position. We must protect the health and safety of Irish women. I am satisfied this requires the repeal of the eighth amendment and requires enshrining the joint committee's recommendations in legislation.

It is my view that there is a significant middle ground, a majority of the public, in favour repealing the eighth amendment and in favour of the recommendations of the joint committee. In this country the debate around termination has been characterised by polarising arguments and a lack of respect for opposing positions. I want to say I respect and understand the opposing views.

The eighth amendment was inserted in the Constitution following a referendum in 1983, 35 years ago. A new generation of Irish women and men must now be allowed to have their say on the eighth amendment as they are the very ones it will affect at the most personal level. In 1983 I publicly opposed and voted against the eighth amendment. I did so because I believed then, as I do now, that it would have seriously detrimental effects on well-being, health and, indeed, lives of women, and that it would give rise to widespread uncertainty and confusion in legal and medical terms. Sadly, that is exactly what happened. We have had numerous referenda, Irish and European court cases and, sadly, deaths of women.

I was a member of the Oireachtas committee, chaired by former Deputy and current Senator Jerry Buttimer, which dealt with the X case and the question of suicide. Out of the deliberations of that committee the then Minister of State, Alex White, produced the Protection of Life During Pregnancy Bill. I put down a number of amendments to the Bill in regard to provision for terminations in cases of fatal foetal abnormality, inevitable miscarriage, rape, incest, the criminalisation of women and the 14-year term of imprisonment. The Government defeated those amendments, claiming they were unconstitutional. I supported that Bill because, although it was limited and restrictive, it represented some improvement on the previous position regarding suicide.

I welcome the recommendations of the joint committee generally, and particularly as they deal with the various issues which I have just mentioned. I specifically welcome the joint committee recommendation 2.11, which states:

The Committee is of the view that no differentiation should be made between the life and the health of the woman. This is consistent with the evidence from medical experts made available to the Committee regarding the difficulty medical professionals have in defining where a threat to health becomes a threat to life.

I also support recommendation 2.31, which recommends that it shall be lawful to terminate a pregnancy without gestational limit where a fatal foetal abnormality is likely to result in death before or shortly after birth.

Currently, thousands of women take abortion pills purchased online without medical supervision. It is urgent that a procedure be put in place for a woman to consult a doctor in such circumstances. Therefore, I welcome the recommendation of the Citizens' Assembly and the joint committee that a termination without a stated reason be permitted up to 12 weeks.

I hope that we can have a constructive and respectful debate on this issue in the next few months.

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