Duncan Smith (Dublin Fingal, Labour) | Oireachtas source

I move amendment No. 5:

In page 16, between lines 7 and 8, to insert the following:

“(fa) who, being ordinarily resident in the State, is returning to the State having travelled to another state for—

(i) an unavoidable, imperative and time-sensitive medical reason,

or

(ii) a termination of pregnancy,

and the reason is certified by a person who is a registered medical practitioner or a person holding an equivalent qualification outside the State,”.

We raised this issue yesterday on Questions on Promised Legislation through our leader, Deputy Kelly. I raised the matter today on Questions on Promised Legislation with the Tánaiste, Deputy Varadkar, whose response I interpreted as being quite positive. I was hoping, somewhat naïvely, that we had come to the Chamber tonight with a view that the Minister might be accepting this amendment.

This amendment aims to ensure that for people travelling for the reason of the termination of a pregnancy, this would be included in the definition of an exempted traveller from having to take a polymerase chain reaction, PCR, or antigen test. We all hope we are debating mandatory hotel quarantine in the abstract and that we will not have to bring it in any way, shape or form.

What is not abstract in any way is the impact that the legislation, as currently drafted, will have on people who are having to travel for a termination. There is an exemption in section 3(26)(f) for a person: “who travels to the State for an unavoidable, imperative and timesensitive medical reason and that reason is certified by a person who is a registered medical practitioner or a person holding an equivalent qualification outside the State” from both providing a negative antigen and PCR test. This differs from regulations which underpin the previous Health (Amendment) Act in this area which said that a person was an exempted traveller where the person “is returning to the State having travelled to a state for an unavoidable, imperative and time-sensitive medical reason.”

The issue here is that the Minister’s Department has refused to clarify if a termination is considered an exempted group travelling for medical purposes. That is quite frankly unacceptable given where we are in this country in this. If people are travelling for a termination, they are usually later on in their gestation for a medical emergency and need emergency intervention. They are in a great deal of pain, having to travel at short notice, are travelling on a Monday for procedure on a Tuesday to come back on a Wednesday. To impose on them a requirement for a PCR and antigen test, for even the logistical never mind even the cost reasons - and we can discuss cost at whichever level it is - in situations where people are usually having to travel at the last minute and to pay high fares for such flights, is quite frankly unacceptable. It is immoral and lacks any kind of compassion and is out of step with where Ireland is now and where the Minister would like to see it. We have been in contact with the Abortion Support Network in the UK and it said that this is an issue and it is dealing with women coming from our country.

We raised this on Questions on Promised Legislation yesterday and today. I flagged this on Second Stage this morning also but unless the Minister says something which is going to give real comfort that this is going to be included, I will be pushing this to a vote.

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