Dáil debates

Thursday, 25 January 2018

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

 

5:45 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

I thank the Members of the Dáil who have contributed to the debate today. I recognise that there are deeply held views on all sides of the Oireachtas and throughout the country. In taking the next steps as a Parliament and as a Government, we must respect and hear them all. That is what most people have said here.

It is most important that we accept that no matter what divides us, we are united in wanting to do what is right. Everyone wants to do what they think is right. Some have changed their views over the years and some bear scars from past debates. This time, I think and hope it is possible for us to have a respectful debate on the issue. That is how it has been until now. It will require everyone's attention but it is crucial that everyone has the chance to hear clearly the issues in this debate so that when, as a nation, we come to make the next decision on this issue, we make an informed one. If the Oireachtas decides to hold a referendum, it will be the people who will make the final decision. The people are sovereign.

As a country, we have a particularly complex past regarding the position that women have held in the State. Abortion was made a felony in 1861 under the Offences Against the Person Act. In more recent decades, it has been an issue dominated by referendums and court cases. The first referendum was held in 1983, and there was another in 1992 with three questions. Legislation followed that in 1995, and a third referendum on abortion was held in 2002, seeking to overturn the ruling in the X case, but it was defeated. In 2013, the issue came before the Oireachtas when it passed the Protection of Life During Pregnancy Act. Since the passing of that law, there has been a clear legal basis for abortion in Ireland but it has become clear that this Oireachtas can go no further without constitutional change and the people having their say.

Turning to the substance of the recommendations of the Joint Committee on the Eighth Amendment of the Constitution, I commend all members of that committee on their work and thank them for their contributions. I thank Senator Catherine Noone in particular for her plain and balanced handling of the issue as Chairman. I also commend the Chair of the Citizens' Assembly, Ms Justice Mary Laffoy, and its members for their careful deliberations and acknowledge their valuable contribution.

I recognise that the recommendations contained in the committee's report represent the views of the majority of members of the committee but there was not unanimous agreement on them. I respect the views of those who dissent from the recommendations but I believe the recommendations are the basis on which the Government will proceed. That is a matter for the Oireachtas to ultimately decide.

The main conclusion of the committee is that change is needed to extend the grounds for lawful termination of pregnancy in the State. In order to effect that change, the committee recommended that Article 40.3.3° should be removed from the Constitution. The committee then went on to make recommendations on the grounds on which the termination of pregnancy should be permitted in Ireland if Article 40.3.3° was repealed. It recommended extending the law on abortion to cover cases where the health of a woman was concerned, cases of fatal foetal abnormalities and a broader legal regime that allows abortions where a woman seeks it from her medical practitioner for pregnancies of under 12 weeks' gestation. The Minister for Health, Deputy Simon Harris, is working with officials and the Attorney General to consider how best to translate these recommendations into legislation should that be the wish of the Irish people.

While it is understandable that focus has been on the committee's recommendations on the eighth amendment, the committee did not only make recommendations on the termination of pregnancy, but also on the services and supports that should be available to women. The Government is fully committed to ensuring that all women accessing maternity services should receive the same standard of safe, high-quality care. Every woman, from every corner of Ireland, should expect and be able to access the maternity services that she needs. I am confident that through the implementation of the national maternity strategy, Creating a Better Future Together, the quality outcomes envisaged by the committee will be realised.

The Department of Health under the chairmanship of the chief medical officer has now established a group to address and formulate an effective and comprehensive response to the issues raised by the committee in its ancillary recommendations. We have made other progress which provides the basis for delivering the kind of integrated care that women and their children deserve. We have established the national women and infants health programme, and we now have HIQA standards for safer, better maternity services and new HSE national standards for bereavement care to ensure clinical and counselling services are in place to support all women and families in all pregnancy loss situations. The HSE's Positive Options crisis pregnancy counselling service is also available in 50 centres nationwide. These other recommendations are very important and we should take cognisance of them.

I realise that this issue challenges all of us. It causes us to ask difficult questions of ourselves and makes us uncomfortable as we collectively wrestle with what, at its core, is a very personal, private matter for many people. As the debate concludes, the Minister for Health will return to Government shortly with a series of proposals to facilitate a referendum on the issue by the end of May or early June, should that be the decision of this Oireachtas. Over the past two weeks of statements on this issue we have shown that a constructive debate is possible and I hope that we can continue such a debate in an atmosphere of respect for each others' views if the decision of this Oireachtas is to hold a referendum.

These may be the concluding remarks on these statements, or if others come in in a few weeks or months time, another set of concluding remarks may be required. In any case, that is the Government's position.

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