Dáil debates

Wednesday, 28 November 2018

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

 

7:30 pm

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

I am in a slight dilemma on this issue because I have said we should stick as closely as possible to the heads of the Bill published in advance of the referendum. The Oireachtas Joint Committee on the Repeal of the Eighth Amendment of the Constitution did not make a recommendation on this. To be honest with the House because I would like to be honest in this debate, and I think we should all be honest about it, this was inserted primarily to address concerns of the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Coveney, last March. He is entitled to that concern because this is a very difficult issue. It was inserted for that reason alone. There is no clinical or other evidence to suggest why it could be in there. I distinctly remember at the time that issue being raised on several occasions by the Tánaiste and subsequently the three days counselling was floated and now we have the three-day cooling off period, which was in the heads of the Bill. That is why it was in the heads of the Bill. There may be other views on the other side but I am fairly certain that is the reason. Whether it was in the heads of the Bill or not, it will act as a barrier. Some people may have wanted it in to act as a deterrent. It will certainly act as a barrier for several reasons. Women or young girls who find themselves in a crisis pregnancy and a very vulnerable position may have difficulty going to the GP twice for several reasons. First, if the GP in the surgery a woman in a rural area normally goes to is a conscientious objector, she may have to travel a long distance to a GP who is not a conscientious objector.

It would mean taking time off, finding someone to mind children and travelling long distances. That is a simple example of the practicality of the three-day wait. The other issue is that of vulnerable women, namely, women who may be in very abusive relationships or who may have chaotic lives where one day just rolls into the next. Given that chaos, they may not be able to organise themselves to attend a GP service on the third day or close to it.

There are many reasons this might act as a barrier, even though it was put in to act as a deterrent. Those are fundamentally different. I am very concerned about it. The fact it was in the heads of the Bill suggests that what was put should be passed. The review, however, will have to be very clear in assessing this particular issue. If we continue to find that women are procuring abortion pills online on a continual basis, this will evidently have been a barrier to people availing of services. I expressed concern about the three day provision when the heads of the Bill were published, but I accept that it is there and do not want to deviate from it for the reasons outlined. People on both sides of the debate will simply rerun the campaign itself whereas we have to accept the verdict of the people and try to implement what was put to them. To be helpful and honest, that is why the provision is there. It is not there for any clinical reason that I heard listening to many hours of professional evidence presented at the committee. Nothing flowed from that to suggest this was a good idea. It was never really mentioned by people advocating for women's health or by doctors who care for women in obstetrics and gynaecology. For that reason, I have major concerns about it. There is a three-year review, although there is nothing to stop the Minister coming to the House next month or next year to amend the legislation in advance of a review. I record the fact that I have been very uncomfortable with the inclusion of this provision in the heads of the Bill and with the reasons that was done. However, I am purist about the legislation we put on the Statute Book being as closely aligned as possible with the Bill as published in advance of the referendum.

Comments

No comments

Log in or join to post a public comment.