Dáil debates

Tuesday, 27 November 2018

Health (Regulation of Termination of Pregnancy) Bill 2018: Report Stage

 

8:35 pm

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

This is my first time to speak on the Bill as it has moved from Committee Stage to Report Stage, having contributed to the debate on Second Stage. We amended the Constitution to the effect that: "Provision may be made by law for the regulation of termination of pregnancy". We are now in this Chamber doing that very bidding on behalf of the Irish people. I disapprove in some shape or form to most of the amendments tabled. We should stay central to what was published in the heads of the Bill in advance of the referendum to be consistent in interpreting the view of the people, who I believe were very well informed in view of the fact we have been discussing this for a long time, for several generations at this stage. As to the idea that the public were ill-informed, did not comprehend or were unsure of what they were being asked to vote for, I believe they were very well informed and had been waiting for some time to amend the Constitution to allow us to legislate. In doing that, there is an onus on us all to adjudicate on each other's opinions and views, peruse the amendments and go through a process that does justice to the views of people in how they expressed them in the recent referendum. With that in mind, the debate among the broader public was a very respectful. We would be doing ourselves a disserve if we descended beyond where we are now in terms of having proper robust scrutiny of the legislation.

It is important we consider the amendment before us which, effectively, proposes that no public moneys shall be provided by the Oireachtas for the provision of terminations except in the context of sections 10 and 11. What Deputy Nolan is proposing is that we would insert in law a means testing by fiat, by legislation effectively, ensuring this service would be available only to those who could afford to procure an abortion, which the people now accept needs to be available to women in certain cases, thereby being the preserve of the rich. If we start to debate these particular issues in this tone we are bringing the discourse to a level that I had hoped we would not reach. I do not say that lightly because I respect everybody's view and have consistently tried to take the politics out of it to get to where we are.

At some stage one has to say that if we were to continue the discussion on this amendment and allow it further passage through the parliamentary process, we would be enshrining in law that some women are automatically deemed second class in terms of access to healthcare in this country. We should bear in mind that this is primarily around the provision of abortion services in the first 12 weeks without cause but for a reason, whatever reason that may be. That is entirely a matter for the woman and her medical team; it is not for us to interpret. Beyond that, we have put extra provisions in place providing for it only in the context of a risk to the life or the health of the woman, or in the context of fatal foetal abnormalities. I would find it difficult for anybody to suggest that it would be only rich people, or those who can afford it, who would be able to access a termination in those contexts when they may have many reasons they can no longer continue with the pregnancy. For us to move this debate in a way that respects the views of the people, I suggest these types of amendments be withdrawn to allow us go about passing the Bill as envisaged in the heads of the Bill published in advance of the referendum.

To put it into context, Savita Halappanavar died on 28 October 2012. We had debates in this House and it was amazing how people's views outside this House can be formed by what we say inside it. What I found very uncomfortable at that time was some of the public discourse around the late Savita Halappanavar. What was said about that woman after she died in a Galway hospital was distasteful to the point where I did not believe people could descend so low. I say that because I want to put on the Dáil record that I took several phone calls from people at that time because I was my party's spokesperson on health. What was said to me about Savita Halappanavar was shocking and appalling by people who had a medical background or licences to practice in this State. What they said to me was beyond belief. They were trying to cast aspersions on her character, her good name and all the reasons she sought a termination when the only time she sought a termination was when she was dying.

Unfortunately, she is dead now. When we are talking about the subject, we have to be conscious of the many thousands of women across this country who have had to avail of that for whatever reason. People can judge. I will not.

It is very difficult for me to put a cost on a woman having to get up at 4 a.m. to get a plane to Birmingham or Manchester for a termination of a pregnancy, for whatever reason. Having listened to the people who had to go there because they were carrying a child with a fatal foetal abnormality and felt they could no longer continue with that pregnancy, I think the State should be obligated to support that family in that decision. I believe that because it is a healthcare issue and because women make these choices for many and varied reasons, which will always be within the law if we pass this Bill, the State should be obligated to provide healthcare to any women from whatever financial background or for whatever reason she decides to terminate that pregnancy.

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