Dáil debates

Wednesday, 17 October 2018

Health (Regulation of Termination of Pregnancy) Bill 2018: Second Stage (Resumed)

 

6:05 pm

Photo of Alan FarrellAlan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

I welcome the opportunity to contribute on this Bill. Like most of the Deputies who have contributed in recent days, many of us did not believe we would get the opportunity at all. This is clearly important legislation and it will have a profound impact for many Irish citizens, particularly the women of Ireland. The Bill is important not just in terms of respecting the democratic decision of our citizens, but in ensuring that women have bodily autonomy, are treated as equals in their own country and are no longer forced to travel to access the healthcare they require or take medication in their homes in unregulated and potentially unsafe environments.

As a people, we have made a decision to no longer bury our heads in the sand and pretend that abortion for Irish women is not a reality. It is a reality, and crisis pregnancies happen everyday. Since the referendum, many have undoubtedly occurred. For too long, the State has lacked compassion and failed to recognise the difficult circumstances in which women can find themselves when faced with a crisis pregnancy. Our citizens have taken the lead on this issue and have clearly and decisively said, "No more". With a vote of 66.4% to remove the eighth amendment from our Constitution, the people have said that they can no longer tolerate a system whereby the needs of our sisters, daughters, friends and relatives are not put first. Indeed, my own constituency of Dublin Fingal voted 77% in favour of removing it. Having supported the "Yes" vote in the referendum, I am committed to supporting this legislation as it passes through the Oireachtas.

To paraphrase the words of the Minister for Health, Deputy Harris, following the referendum result, instead of echoing the sentiment of the eighth amendment whereby women in crisis pregnancies were told to take the boat or take the plane, the people of Ireland clearly said, "Take our hand". For 35 years, the eighth amendment was in Bunreacht na hÉireann. At the time of the referendum, no citizen under the age of 53 had ever had the opportunity to have a say on whether it had a place in our society. On 25 May, voters both young and old overwhelmingly stated that it did not represent the society in which they wanted to live. I am glad we now live in a country where such a restrictive and oppressive article no longer has a place in our Constitution. For many years, a large number of Deputies had stated that the Constitution was no place for such an amendment in the first place and that it should primarily have been a matter for the Houses to determine the fine detail. After all, the Constitution is a guidance document and should not get into detailed specifics. While that is my view, I believe it has support across the country.

We have recognised that Irish women are having abortions, and will continue to do so. As a society, however, we can no longer force them to travel to another jurisdiction in order to access healthcare that we should be providing them here at home.

In this House, we have spoken about how the referendum result and this legislation will impact upon women. However, I wish to voice my strong support for changing the term "woman" in the legislation to "pregnant person". In an Ireland of so much positive social change in recent years, we must foster inclusion and ensure that no person is left behind. Using the term "woman" in the legislation might have negative impacts and effects for the transgender community. This is something we can and must avoid. Society, including this House, must recognise that Ireland has changed dramatically in a social, legislative and political sense over many years. I do not proclaim to understand all of the societal changes. I am 40, but I sometimes feel old when I try to get to grips with these issues. It is not my place to instil my views on anyone else, though.

The opportunity to contribute to the Bill at this stage of its development is important to me and many others. As such, it is important that every Member and not just the Cabinet, my party, the Labour Party, Sinn Féin or any of the other parties that are wholeheartedly supportive of this matter be given the right to have a say on it regardless of whether that Member opposes the removal of the eighth amendment.

Many discussions have taken place on decisions of conscience among both members of the medical profession and Members of the Oireachtas. I believe it is their right to state their own position on this matter. However, I respect some of the Members who were quick to come out and say they respected the overwhelming result of the referendum in May and will support or acquiesce to this Bill passing through the Houses of the Oireachtas. I believe that is the right thing to do, particularly in some constituencies where the decision was not only a landslide in favour of a "Yes" vote but where there was an extraordinary outpouring of support for the removal of the eight amendment from the Constitution.

The Government published the heads of the Bill prior to the referendum which showed its intention for the legislation should the referendum have been passed. That outlined the Government's intention to legislate for access to terminations up to 12 weeks, with no restrictions, and only after this in cases, for instance, where there is a significant risk to life or health of the mother, or what many term a fatal foetal abnormality which will lead to the death of the foetus. I believe, as legislators, that given the strength of the "Yes" vote in the referendum, we have a duty to enact legislation to give effect to the measures outlined in the heads of the Bill. This legislation does just that.

I will address the issue of conscientious objection. While I agree that medical practitioners should be entitled to conscientiously object to participating in a termination, I firmly believe they should be obliged to refer a patient seeking a termination to a doctor who does not conscientiously object. In modern society, while respecting the beliefs of each individual, there must be a line whereby we do not impose our own beliefs on others. As such, I believe the requirement for a referral to be of paramount importance.

I have read stories recently about how, in areas in Italy, women may have to visit numerous hospitals before finding a doctor willing to perform a termination or they may turn to unregulated treatment. That cannot be allowed to occur in this jurisdiction. We have a duty to ensure that women in Ireland receive the healthcare they deserve, which is what the people of Ireland requested that this Oireachtas deliver. Including the requirement for doctors who conscientiously object to refer to a doctor who does not object is vital in achieving this.

The referendum decision to repeal the eight amendment of the Constitution and to allow for the termination of pregnancy to be regulated by the Oireachtas signifies a maturing of our society and a move to a more compassionate, equal and caring society, one which is no longer afraid to address the realities which face its citizens.

As we debate this legislation, I acknowledge the work of those who campaigned tirelessly for days, weeks, months, years and even decades in the lead-up to the referendum, the women who so bravely told their own personal stories, the Together for Yes organisation and especially the younger members of our society who worked so hard to deliver the historic "Yes" vote to remove the eight amendment. I sincerely hope each of those young people fully realise the impact they had in this campaign and how their actions worked to make a historic change to our Constitution. I also hope they remain politically engaged.

In debating this Bill in this House, let us not rehash the referendum debate but work together constructively to deliver legislation which is reflective of the will of the people, as showcased by the 66.4% vote in favour of repealing the eight amendment. Let us work together to deliver a society which is more compassionate and caring towards those facing a crisis pregnancy, and let us ensure they no longer have to travel to access healthcare which we now have the power to deliver for them in their own country.

I look forward to supporting this Bill and, in the new year, to the women of Ireland being able to receive the healthcare they require with dignity and no longer being faced with the prospect of having to travel to the United Kingdom or further afield or, worse, consuming unregulated medication at home. I fully intend to support the Government on this Bill. I understand I may be sharing the remainder of the time in this slot with Deputy Durkan.

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