Eamon Scanlon (Sligo-Leitrim, Fianna Fail) | Oireachtas source

The people voted on 25 May to repeal the eighth amendment. The majority voted in favour of introducing abortion into Ireland. The Dáil and the Seanad must now deal with that decision but many of the people who voted "Yes" and many who voted "No" have concerns about aspects of the Bill, and their voices have a right to be heard in this debate.

The right to freedom of conscience is a fundamental right protected by the Constitution and the European Convention on Human Rights. No person should be required by force of law to take innocent life. Irish doctors, nurses and midwives entered their professions to protect life, not to take it. For the first time in Irish history, a Minister for Health is proposing to force doctors to refer women for abortions, forcing doctors to become involved in the abortion process against their conscience in some cases.

Additionally, the legislation does not provide for any positive right for conscientious objection. It merely states that nothing in the Bill shall be interpreted to oblige a doctor, nurse or midwife to participate in carrying out an abortion. This means that employers and professional groups will still be free to impose a duty on doctors, nurses and midwives to participate in abortion. That will put Irish healthcare professionals in a worse position than their colleagues in Britain. The Abortion Act 1967 provides that no person shall be obliged to participate in an abortion. At the very least, Irish law should include the same level of protection for conscientious objection as is outlined in the British law.

The legislation provides no protection for pharmacists or other healthcare workers who may be required to assist or make arrangements for a medical abortion by way of pill or a surgical abortion. The legislation provides no protection for medical or nursing students to ensure they are not required to train or be involved in abortions as part of the professional education and qualification requirements. I believe that needs to be addressed in the Bill.

In recent days, it has been reported that the Minister for Health is considering reducing or eliminating the 72-hour waiting period before an abortion can be carried out under the section dealing with abortion on demand. During the referendum campaign, the Taoiseach, Deputy Varadkar, and the Tánaiste, Deputy Coveney, promised the Irish people that any abortion legislation introduced would contain safeguards. The most important safeguard they referenced was the 72-hour waiting period, which the Tánaiste called a cooling off period. Many people cast their vote based on guarantees made by senior members of the Government. They must be held to their words, and removal of the 72-hour waiting period should not be permitted.

Minors who become pregnant are in a particularly vulnerable position. Some may feel that they have no option but to have an abortion. These young women deserve to have the support of their families during a difficult period. The current abortion legislation does not contain any provisions which require that parents or guardians be notified if a minor in their care requests an abortion.

During the referendum campaign, the Tánaiste, Deputy Coveney, told the people that there would be counselling and support available for women who request an abortion. These were described as part of the safeguards in the proposed legislation yet, despite these promises, there are no provisions in the Government’s legislation to provide free and accessible counselling to women who are considering taking that course.

There has been significant public disquiet in recent years regarding revelations that children’s remains were buried in unmarked graves in Tuam and other places. The dignity of the child’s remains, at any age, must be respected. When an unborn child’s life is ended through abortion, the remains should be treated with dignity. The Government has been critical of the way children’s remains were treated in the past. We must not repeat that in the future. The dignity of the child requires that we adopt an amendment to the abortion legislation that prohibits any sale or any use of remains for scientific research without written parental consent and that ensures that the remains are treated with respect.

During the referendum campaign, the Minister for Health promised the people that children with disabilities would not be targeted for abortion if the law changed, yet his legislation contains no prohibition of abortion based on disability. That needs to be addressed also.

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