Dáil debates

Friday, 9 March 2018

An Bille um an Séú Leasú is Tríocha ar an mBunreacht 2018: An Dara Céim - Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage

 

1:40 pm

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

I welcome the opportunity to speak on this Bill. I pay tribute to the Minister for Health, Deputy Harris, for ensuring that it was debated at the earliest opportunity. As he said in his own contribution this morning, it is unusual for us to be here on a Friday, but I do not believe that anybody in this House or in the Oireachtas had any complaints about sitting today to begin this debate on this Bill. The quicker we have the debate the better, so we can get the legislation into the Seanad and then get the referendum commission established so that the real debate, outside this House, can take place. That is the important debate that needs to happen.

On the policy proposals which were produced this morning, it is important to say that they are only proposals. They are guidelines, indicative of what future legislation may look like. However, that legislation will not come to pass until the people have had their say in this referendum. I hope that during the debate on the referendum that we do not get bogged down in what future legislation might provide for. We are being asked one question: do we support the repeal or the retention of the eighth amendment? That is the question that needs to be answered in the first instance. As part of that debate people will argue the pros and cons on each side, and the various viewpoints expressed should be respected.

There are some people who were on the committee and there are some within this Oireachtas who will campaign vigorously to retain the eighth amendment, and that is their right. I completely respect that. However, those individuals also need to respect the views of people who have changed their opinions over recent weeks. I include myself in that group. Asking how a person could change his or her opinion on a matter such as this does nobody any favours. If nobody changed their opinion on this matter there would be no need for a referendum in the first place because people had their say in 1983.

It is important that people are allowed the space to look at the evidence. I have always believed that no one person can convince anyone to change their mind on this issue. However, a person's mind can be changed if they are open to listening to the evidence presented. That is what I did on the Oireachtas committee. I listened to the evidence with a very open mind, and based on that evidence it was clear to me that the eighth amendment was an impediment to women's health care. I have no doubt about that: it was suggested by all of the evidence.

The most controversial aspect, and the most debated of the recommendations to come out of the committee, is the question of unrestricted access to abortion for 12 weeks. It is important to say why the committee arrived at that recommendation. There were two main reasons. The first reason is that it was a clear recognition of the reality of abortion pills today. The second reason is that we looked at how the issues arising from rape, incest and pregnancies resulting from sexual violence could best be legislated for. It is true, as I am sure others will point out, that a number of options were presented to the committee in this regard. I sincerely believe that there is only one compassionate way for legislating on these issues, which is to allow for an unrestricted period of up to 12 weeks during which women can have abortions. I do not believe there is anything compassionate about forcing a woman who has been raped to go to someone and relive that experience so that person can sign a piece of paper which gives the victim permission to have bodily autonomy. That is not compassionate and it is not the way we should approach this. For that reason, the committee decided on the 12 weeks unrestricted access. It was the only compassionate way of dealing with this.

Much has been made of the ancillary recommendations and I was glad to see that the Minister focused on them in his own contribution. All of the evidence presented to the committee debunked the myth that when a more liberal abortion regime is in place instances of abortion increase. In fact, based on the evidence, where a more liberal regime is coupled with the ancillary recommendations proposed, including free access to contraception and sex education, abortion rates actually decrease. That is something which needs to be debated further in the course of the public discourse.

I will not speak for much longer. I presume that one of my colleagues is going to take up the remainder of the time allocated. I look forward to the passage of the Bill and I look forward to a calm, rational public debate. I hope that, no matter what side of the debate one is on, other people's views will be respected. I hope that people will be truthful in what they say and with the information they present. In recent days I have heard some members of anti-choice or pro-life groups put forward arguments which are simply not factual. Those people are not helping anyone when they do that. I encourage everyone at least to look at the Official Report of the Oireachtas committee and at the evidence which was presented to it before making up their minds and casting their ballots. Whether one agrees or disagrees, I believe it is imperative that everyone goes out on the day of the referendum and has his or her say.

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