Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

It is with great pride that I speak on behalf of Sinn Féin on this historic legislation. I intend to raise points in the spirt of co-operation and I wish to be as constructive as possible regarding the legislation because it is incredibly important that we get this right. The reason it is so important is that right across the world we have seen that, once abortion laws are passed, it is sometimes very difficult to revisit them. We need to pass this legislation quickly but we must also make sure it works and delivers for women. The legislation in front of Members today will go down in the history of the State as some of the most important legislation that we will ever pass. That cannot distract us from our duty to get it right for those who will need to avail of abortion services as well as for clinicians who will provide these services. We are here with a mandate from the people, which was cemented with 1,429,981 votes. Today those people are willing us to do our job, to work constructively, and to get this right.

The public discourse during the referendum campaign reflected people’s understanding of abortion as a healthcare issue that should be addressed through progressive patient-centred legislation, not criminal sanctions. The general scheme of the Bill had offences and criminal sanctions at section 19 at the end of the Bill. When the Bill was published, I was shocked and surprised to see offences and criminal sanctions moved to section 5 at the very front of the Bill, which was right in the front window. I told the Minister that I did not believe this was the appropriate place. In legislation to regulate for the provision of abortion we are confronted with the crimes for carrying out an abortion outside of the scope of the Bill before we ever see mention of the provision of abortion. I find that shocking and I would like to know and understand the motivation of the drafters in doing that. This has perpetuated the chilling effect felt by clinicians and the continuation of the stigmatisation of abortion.

Throughout the hearings we had at the Oireachtas Joint Committee on the Eighth Amendment almost every single clinician who gave evidence spoke about the chilling effect of the amendment on their ability to provide healthcare for women, yet here we are with a Bill to legislate for abortion and we see the rewriting of the eighth amendment into legislation. Professor Fergal Malone and Dr. Rhona Mahony were very clear on this issue at the committee. They said doctors could not even pick up the telephone and make a referral. If we cement this chilling effect into the legislation by telling doctors that they are specifically not allowed to do this before we even tell them what they are allowed to do, we will do just that. I ask the Minister to move the offences and criminal sanctions section to the end of the Bill.

It would be remiss of me not to say that, while I use the word "abortion" and the Bill is to legislate for abortion and access to it, there is not a single mention of the word in the Bill. Furthermore, there is just one reference to access and that is in the offences section. Therefore, in legislation to provide for access to abortion there is only one mention of access and no mention of abortion. "Abortion" is not a dirty word. It was not a dirty word in 1983 when the eighth amendment entered the Constitution and it is not a dirty word in 2018. Over three years ago Her.iepublished a fantastic article entitled, We Need To Stop Treating Abortion As A Dirty Word. The opening paragraphs stated: "it's rare that the word abortion is said in anything other than an apologetic, hushed tone" in this state. It went on to state abortion had been "treated by the majority of women in this country as a dirty word, heavy with stigma and representative of an act that must be covered up and denied at all costs". While the referendum campaign changed that fact and now abortion is not viewed by so many in those terms, there is the residual effect of that stigma, which is evidenced in the drafting of the Bill. Will the Minister consider ensuring a reference to abortion and access to it is contained in the legislation because if we do not try to challenge the residual effects of the eighth amendment in legislation, there is the possibility that they can live on and grow in our society?

When we met previously to discuss this legislation, I said I had been asked by many stakeholders; lesbian, gay, bisexual, transgender and intersex, LGBTI, groups and by Repeal campaigners to ensure reference would be made in the legislation to "pregnant persons" to cover people who could get pregnant but did not identify as, or were not, women. It was apparent that the LGBTI and trans communities had played a huge part in the referendum campaign. They did so in Fingal Together for Yes and across the State. Trans people, particularly trans women, are an inextricable part of the feminist community and it would be remiss of us if the legislation providing for the provision of services was to leave them out. We have to refer in it to people and persons who can become pregnant. I have spoken to the Minister about this and hope we can sort it out by way of an amendment.

On the three-day waiting period, we must listen to the medical experts. That is one thing the referendum taught us, that on issues such as this, we must listen to women and medical professionals. Many medical professionals have expressed concern that such a measure will restrict access to abortion services. It is a little paternalistic to claim that if a person attends a general practitioner to avail of an abortion she has not thought it through, that she has not given it full consideration and that she is unsure about what she wishes to do. The Minister knows as well as I do that no woman takes a decision such as this lightly and this measure will restrict access in general, but it will also restrict access for marginalised groups, women in abusive relationships, those with a disability and those in direct provision accommodation, among others. It will also affect women in regional, less populated areas, where they may not want to attend their local GP, who will have to travel to Dublin, Cork or another large town or city. This will place additional burdens on them, in time, travel and other costs.

My colleague Megan Fearon, MLA, who is leading our campaign in the North on this issue is watching this debate. For women in the North who may need to access abortion services, the waiting period will act as a significant deterrent. I extend my best wishes to my Northern comrades who are still fighting for access to abortion service; I assure them of my help and support, as well as that of Sinn Féin, in this fight.

It seems that the 72-hour provision was a political decision because it was not part of the committee's report, as stated recently at a committee meeting by one of the members, which seemed odd to me. It was not part of our deliberations and not part of our report. Reference has been made to how it may have got into the legislation. That is fine; it is a matter for the Minister, but it was not done so on the advice of clinicians, many of whom have spoken out against it. We, in Sinn Féin, will be guided by doctors and other medical professionals on the matter. I have completed several stakeholder meetings and will have many more on the legislation.

The conscience clause in section 23(3) of the Bill is appropriate and will protect those who, for whatever reason, do not want to provide this service, but, first and foremost, it will protect women. For the avoidance of doubt, we do not agree that medical professionals who invoke the conscience clause should be exempt from referring a patient for the necessary medical treatment they seek. Women who need medical treatment must be protected and at the centre of this provision. I am glad of the Minister's commitment that the services will be provided free of charge. It is important that there be no barriers to access in that regard. We need to be sure services can go live in January 2019. To do this, medical and healthcare professionals must be engaged with intensively. It is they who will deliver the services and it is important that they be involved and that their input be reflected in the services to be provided.

I welcome the announcement that Dr. Peter Boylan will assist in the implementation and preparation of abortion services. I congratulate him on his appointment. He is an eminent and accomplished clinician who has been at the forefront of women's healthcare in the State for many years. As a consultant obstetrician, a former chairman of the Institute of Obstetricians and Gynaecologists and a former master of the National Maternity Hospital, he is exceptionally well qualified for the role. He played a prominent role in the campaign to remove the eighth amendment from the Constitution and provided excellent evidence and information for the Oireachtas Joint Committee on the Eighth Amendment prior to the referendum. I look forward to working with him to ensure the health service will provide world class abortion care and that the ancillary recommendations made in the report of the committee are implemented in full. It is only by implementing them, with the other recommendations made, that we will do justice to women who are seeking services. Once we have passed the legislation and implemented what I hope will be world class abortion services, it is important that our focus turn to implementing the ancillary recommendations made which include up-to-date, objective sex education and free contraception. I do not think I was the only one on the committee who was surprised by the sex education our kids received in school. It was an eye-opener, but not in a good way. That it is not regulated is very worrying because we are storing up more problems. We have to be able to provide kids with objective information, just information, not judgment or moralising. That came out very strongly during our hearings. If we are to do this justice, we need to do all of it.

We will also need to see improvements in maternity care for those who wish to have a child. This means the full roll-out of the national maternity strategy, with funding, not just announcements and paper, including investment in midwives and increasing their numbers. We need to invest in increasing the number of obstetricians and gynaecologists. We also need to ensure we have affordable childcare and mandatory paid maternity leave. That is, however, a debate for another day and we will have it at some point. We will be submitting amendments to the Bill in order to ensure it is in line with the recommendations of the Oireachtas Joint Committee on the Eighth Amendment and the Citizens' Assembly. We must ensure the legislation respects the result of the referendum and that it will deliver for those who will need access to abortion services. I know that the Minister is committed to doing this, as are we, in Sinn Féin. We will work with him efficiently and constructively to make it a reality.

I thank my comrades and friends in Sinn Féin because they debated, listened, voted and participated fully in an open and democratic way at our Ard Fheiseanna. It was not easy for them. It was an extremely emotive and difficult topic for many to wrestle with, but they took some guidance, listened to evidence and came to a decision. We will back that decision of our members at every opportunity to vote.

I thank those who worked hard to repeal the eighth amendment, including people like Ailbhe Smyth who gave their whole lives to it and the men and women in Fingal Together for Yes. We did a lot of campaigning together. We wore out many shoes. The Minister came to one of our events. We tired out our voices but we got there in the end and achieved over 77% which is really a tribute to those who gave their hearts and souls to it.

I know I have often mentioned my parents but they had extremely good foresight on this issue with regard to how they viewed what would happen in 1983. They campaigned against the insertion of the eighth amendment and brought their two daughters up to believe that one should never ever apologise for standing up for women's rights. I know my mam is watching this and I say to her that we are nearly there. I got very emotional coming in here, which is not like me but this is very important. Sinn Féin will work with the Government. We will not pull against it. We are in opposition. We know that but we want to get this done. We want those services ready for 1 January 2019.

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