Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank colleagues for their contributions. I believe we are in agreement that this is a landmark policy change and that it is broadly supported, notwithstanding the concerns that have been raised today. I visited the Irish Family Planning Association team in Parnell Street recently. That was set up decades ago specifically in response to women's healthcare needs because of the ban on contraception. The team members were very enthusiastic about the fact that this is happening now and has political support. I will come directly to the concerns that have been raised but it is important to say that this is a very important change to healthcare provision in Ireland and our move to universal healthcare. It is a move that is in line with Sláintecare, and it is important. It is a good day that we are passing a Bill that will abolish hospital charges for children - obviously we want to continue after that and look at adults, and we will deal with amendments in that regard later - and that is making contraception free in this country. It is a really important day, given that contraception was illegal in the country not so long ago.

As has been mentioned, it is covering all the costs. It covers consultation, prescriptions, medicines, devices, check-up, fitting and removal, which is very important. It was one of the commitments given under the repeal of the eighth amendment and it is important that we do this now in the context of that repeal. There are other important things happening there. The review of the operation of the Act that emerged from the repeal is ongoing, we are progressing with the safe access zones legislation and we are making contraception free, starting with young women. The experts' advice was that we should start with this group. There is a lot of really important stuff happening this year, and this is one of those pieces.

There is an awful lot of money being allocated for this. The full-year cost for this measure, which it is hoped will be passed today, is €26 million for next year. To put that into perspective, the entire additional funding for the national cancer strategy for this year was €20 million and the entire funding for this year for the national maternity strategy was €9 million. This is €26 million, a serious investment by the Oireachtas and the Government in women's healthcare and women's reproductive health. The intention is to expand it. I want to see this available to everybody, but we have to start somewhere. I hope colleagues will at least accept that. With €26 million for full-year cost, we have to start somewhere. However, we all want to see it expanded to everybody.

I come now to the subsection which provides that we can increase the age by regulation but we cannot go below 17 years by regulation. When I saw this, I asked the same questions. My view is that we should go down, that we can go younger and that we will go down lower, so why have this there? It is not something the Deputies wanted and it is not something I wanted. The answer is that the working assumption in the preparation for this scheme was that it could be done on an administrative basis, but there was recent legal advice that if we wanted this to be watertight and to make sure nobody could challenge any of it, and we all are aware that there are those who might try to stop us with this scheme for the reasons we all understand, it had to be put on a statutory basis.

It was very important for me that this came in on time. We committed to this in last year's budget and we want it in place by the end of August or the start of September. If we were to miss this Dáil term, we would not be debating this until October. It was very important for me that we got it done. That gives the HSE, the GPs, the pharmacists and the system time to implement or operationalise it so it is, in fact, available to women from the end of August or the start of September. I actually agree with the point that there is not enough time for this. I agree that, of course, one could see this as a stand-alone Bill, but I was faced with a choice. Given the legal advice I received quite recently, if I put it into a separate Bill there was a risk that we would not be able to get to it until October, so I took the decision to introduce it here. I fully accept that this is not ideal, but I was responding to the legal advice I received and I was very keen that the deadlines were met. That is why it is here as an amendment.

With regard to the 17 years provision, I asked the exact questions the Deputies have asked. Why would we tie our hands legislatively and not be able to move to 16 years or indeed lower, as I think we should be able to do? The answer I received was that once we move below the age of consent, there are legal complexities that have to be worked through.

I reiterate that the working assumption is this could be challenged. People could try to stop this scheme. Time is required to make sure it is constitutionally and legally completely robust through consultation with the Attorney General, the Chief State Solicitor's Office, CSSO, and other stakeholders. The reason that subsection is in the Bill is to make sure we can get in place the scheme we have agreed and that is funded for 17 to 25-year-olds when we said we would, namely, the end of August or start of September. I have already asked the Department to engage - it is doing so anyway - in that more complex legal discussion and to start preparing amending legislation so we can all come back to the House and pass that legislation.

I fully accept it is not ideal. It is a mainly a function of getting advice quite recently that this provision needed to be in a Bill. That is the only reason it is there. Deputies can obviously vote how they want, but it would be a great pity for Sinn Féin or anyone else to vote against this. What we are doing here is very important. It would be wonderful to send out a message that the House is united on this, or at least those who are present are united. I fully accept the concerns that have been raised. I raised exactly the same concerns. I foresee that the Department will work the CSSO and the Attorney General's team. They will go through the complexity, which they are beginning to work through now, and will come back with something we know is legally and constitutionally robust and that can survive the legal challenge we think will happen. I may need a decision from the Government. I am telling Deputies what my position is right now, which is that we move below the age of 17.

For example, it would not be reasonable to say to a young 16-year-old woman that we will not fund her contraception but we will fund a termination. That is not a position we should be in. I would like to see that changed as well, but there is a legal reality I have to deal with. I do not want to get this wrong now only to open it up to a legal challenge, when it is something we can make right properly. We need to get this scheme up and running as quickly as possible.

I can come back again to respond but I hope Members will reflect on that. They will obviously vote whatever way they want, but it would be nice for the Oireachtas to send out a strong message that we are united on this.

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