Dáil debates

Thursday, 25 January 2018

Report of the Joint Committee on the Eighth Amendment of the Constitution: Statements (Resumed)

 

3:20 pm

Photo of Alan KellyAlan Kelly (Tipperary, Labour) | Oireachtas source

And Dick Spring. There are many others. We have a track record on trusting women.

The Constitution was never the place to make provision for such a complex and deeply sensitive issue. It was put in there to prevent this House and the Oireachtas in general ever having an opinion on abortion with which certain strata of society did not agree. The dark forces of society in 1983, about which we all know now, were never going to trust elected Members in respect of such an issue. This is something with which we must deal, once and for all.

The members of the joint committee have shown that the Oireachtas has the capacity to discuss this issue calmly and with dignity. I hope that informs the debate across the board in coming months. Whatever the decision about the referendum, when it happens, if there is a decision to change the Constitution and make provision for new legislation to allow for terminations as the committee has proposed, it is incredible and wrong for any Deputy to say that they would not respect the decision of the people, whatever it might be. I would like for Deputies who propose this to reflect on what I have said. If the people make a decision, the House is bound to honour it.

The decision to allow for terminations up to 12 weeks' gestation is the most controversial recommendation. I agree with it. I do not believe in late-term terminations. The committee has come up with a practical and workable solution. I do not see how, in any sound, objective or appropriate way, it would be possible to allow for abortions in the cases of rape or incest by taking any other approach. We cannot allow a situation where by gardaí, barristers and lawyers would be obliged to debate all details of such cases before a termination might be allowed. That would create an impossible situation.

We cannot continue to outsource the issue of abortion to other jurisdictions. Since 1983, women have simply disintermediated the eighth amendment. Once, it was through taking flights or boat journeys. Some 160,000 women have had terminations by disintermediating the eighth amendment - in other words, by simply going around it. We cannot continue to stick our heads in the sand. I have a duty to the 69 women from Tipperary, to whom the Minister for Health, Deputy Harris, referred, who had to take that course of action last year.

The latest form of disintermediating the eighth amendment is through the abortion pill, which is widely available online. Thousands of women take these pills without medical supervision. This is not appropriate. This situation is dangerous and must change so that they have access to medical supervision and they do not have to sit in a room, perhaps on their own, feeling lonely. As a legislator, I cannot stand over a situation where women’s lives are being put at risk because of this.

We must also respect international law. Amanda Mellet is a very brave lady I have met on several occasions. I can say now that, along with Deputy Billy Kelleher, I brought her to meet the Minister for Health. She is an incredible lady who had to fight for her rights and who was supported by the European Human Rights Committee.

We do not need to have more cases like that of Ms Amanda Mellet.

I want to ensure that medical professionals are respected and have clear guidance on how they can practise. It is not acceptable that medical professionals are left in limbo in this regard. It is not acceptable to see situations in which women are suffering and going through obvious miscarriages or are bleeding but in which medical professionals do not or cannot intervene. That is barbaric and wrong and we need to deal with it.

I ask the Minister of State, Deputy Finian McGrath, who I know well, to push for a May date for the referendum. That is incredibly important. My wife and I have never had a chance to vote on this issue. Everyone under the age of 53 deserves the right to vote on this issue. Obviously, a May date, given the ambitions and the travelling plans of young people, is what my party favours most.

I want the debate that will ensue in the coming weeks and months to be respectful. I respect the way in which the committee did its work. I respect the way in which this debate has been conducted in this House. Broadly, in society, we need to have a respectful tone for everybody's opinion. Everyone's opinion is equal. Everyone has their own opinion and we have to respect it, whatever that is.

Ultimately, for me, this issue of the referendum is a simple choice. While it is a complex issue, it is a simple choice for me, namely, do we support and trust women? We in the Labour Party certainly do. We will support fully the holding of this referendum and the conclusions of this committee in the coming weeks and months.

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