Peter Fitzpatrick (Louth, Independent) | Oireachtas source

I understand the impulse that many in this House will feel to vote in favour of the Bill. Nobody, whether they are pro-life or pro-choice, wants to see anybody harassed by strangers because they have decided to terminate a pregnancy. The idea of introducing exclusion zones against pro-life advocates in the vicinity of termination facilities is copied from similar measures in countries like England and Germany to ensure that women entering abortion clinics are not subjected to unwelcome influence by pro-life activists who might engage in what is termed "sidewalk counselling". However, the Bill will not achieve its intended outcome. In fact, it will criminalise the expression of a single ethical world view across sprawling zones of this country. While there are no reasons to oppose exclusion zones on the grounds that they violate fundamental rights, including the right to freedom of expression or freedom of religion, supporters of exclusion zones argue that there must be a balance of rights. This is the debate that is at play abroad but it does not fully apply in Ireland.

It must be stressed that we do not have the same abortion clinic systems that exist in countries like England and Germany. The Irish abortion system does not operate out of specific abortion clinics but rather within GP clinics, hospitals, and family planning centres, and is paid for by the taxpayer. Just 0.05% of all GP visits relate to terminations of pregnancy. A pro-life campaigner outside a hospital or GP clinic has no way of knowing who is going in to have an abortion and who is not. This means that we have not seen the type of activity in Ireland which accentuated the decision to introduce exclusion zones. The Irish situation is simply different. Importing the same model wholesale into Ireland strikes me as unworkable and it pushes against the upholding of civil liberties.

The idea that we urgently need legislation to stop people from exercising their constitutional rights falls flat when one examines what is happening. In Ireland, the most common sort of pro-life activity has often been older people in small groups praying silently outside hospitals. Supporters of exclusion zones have pinpointed these small groups as creating terror. Yet, they are not harassing anyone. I know of a group that chooses to say the Rosary outside University Hospital Limerick. Its members offer intentions for the sick, for healthcare workers and for the unborn child. I know of a group of people outside Our Lady of Lourdes Hospital in Drogheda who took part in a quiet protest. They did not hand out leaflets or harass anyone. In fact, the UL Hospitals Group had to come out in December 2021 and state that it had not received a single complaint from any woman, partner or staff member in respect of to anti-abortion protests. It leads me to believe that this legislation is nothing more than following a generic trend abroad where circumstances are entirely different. Further to that, because this legislation singles out one particular world view it is inherently discriminatory and paints pro-life people in a negative light. This is undemocratic.

Of course, if there were to be any cases of harassment or the blocking of entryways, these are already crimes and should be prosecuted. This was why the Garda Commissioner, Drew Harris, advised the then Minister, Deputy Harris, in 2019 that exclusion zones legislation was unnecessary due to Garda powers under existing public order laws.

I turn now to what the implications of setting up these zones would mean. As I have explained, the abortion system in Ireland is fundamentally different to many other countries. In other countries, exclusion zones apply only to specific designated abortion clinics. But the Bill will mean setting up 100 m exclusion zones around every single GP, hospital and family planning centre in the country, regardless of whether they are carrying out abortions. This would blot out large parts of the country, particularly in areas like Dublin city centre, where pro-life views cannot be safely expressed. If a woman and her pregnant daughter were having a private conversation within 100 m of the front door of a nearby GP clinic, whereby the mother advises her daughter that she should rethink having a termination, the mother could fall foul of this law. Similarly, would the large-scale, annual, pro-life public event March for Life be prohibited from passing down certain streets in Dublin because there is a GP clinic in the vicinity of 100 m, which may or may not provide abortions? Within university campuses, there is commonly a family planning centre. Would this shut down not just casual conversations between students but also debate within lecture halls on the topic of abortion?

The unintended consequences of this legislation are significant and deeply concerning. I fear we could see a situation with this Bill where the far-reaching consequences of it are not thrashed out here in a serious way and we are left with an unwieldy law which has the effect of crippling certain citizens’ fundamental rights. I urge my colleagues to join me in voting against the Bill.

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