Patrick Costello (Dublin South Central, Green Party) | Oireachtas source

Like many of the Deputies who have spoken, I welcome this legislation. It is something I have campaigned for and spoken about positively. I am happy to see the legislation coming through.

We must remember that, when it comes to accessing abortion services, it is important they be safe, local and legal. We had a strong campaign in this country to legalise abortion services and repeal the eighth amendment. I am glad that happened, and now here we are in a better place.

Safety includes being able to access healthcare provision, which is everyone's right without fear of intimidation or harassment. That safety is not just for the patients but for the staff who work there. Doctors, nurses and anyone else who works in healthcare facilities should be free to work or engage in those services free from harassment and intimidation. As such, any legislation we can introduce to protect their safety is important.

Turning to the issue of abortion services being available locally, the recent expert review highlighted the geographic gaps in service provision. There are concerns that the lack of protection is producing a chilling effect, with service providers unwilling to provide such services, thereby contributing to these gaps. We do not necessarily need to see the evidence of the protests, harassment and intimidation to know they are already having a chilling effect. We cannot monitor it, since that would essentially mean trying to prove a negative, but that effect is there and needs to be addressed so that we can ensure abortion services are available locally. I am happy the Bill will help to address this issue.

In dealing with the right to protest, we are in a way engaging in competing rights. We must keep in mind the classical test of proportionality. Are we trying to achieve a legitimate aim, does the legislation move us in the direction of achieving that aim and does it do so in the most minimal way possible? Clearly, it does. Access to healthcare is a right people have fought for and needs to be protected, and it is a legitimate aim for the State to want to provide these services. This legislation moves us towards protecting people, access and the staff delivering that service. Equally, it does so in a minimal way. The safe access zones are as minimal as they can be while still being effective. This is backed up strongly in the European Convention on Human Rights in terms of the balancing it has done between Article 10 and freedom of expression. The court has been clear that a person cannot use his or her rights to abuse or undermine the rights of someone else. We are seeking to protect access to healthcare in a way that is proportionate and minimal while still being effective.

Like other Deputies, I wish to address some of the other issues around the provision of abortion services to which we need to turn our attention. Many women are still forced to travel to the UK. This was something I had hoped would be part of our past, but we are still there. The three-day waiting period needs to be removed because it is a needless impediment. Another issue is the tightness of the 12-week limit, particularly in light of some of the reasons people have to make that independent but very difficult choice for themselves. Ultimately, it is about the individual’s right to choose. We need to address all of these issues. I hope the Minister, after achieving this aim, will move to do so.

This legislation is necessary. Given the reality of policing on the ground, police often want a clear, black-and-white offence. When it comes to things we want police to address, they will often put their hands up and say the law is confusing, too vague and unclear. Although it may be possible to cover something under another offence, this is why we still create specialist offences. In recent weeks, for example, there was new legislation before the House focusing on the spiking of drinks and non-fatal strangulation. Those were two areas where extra legislation was needed because, while they were covered by existing legislation, that legislation was still not strong enough to produce the effect we needed in terms of protecting individuals. With this Bill, we are simply providing clarity in legislation. While the issue may be covered in other places, that does not mean it is not needed. I would point to the chilling effect. Such matters show this is necessary legislation, not simply some importation of a culture war. I do not believe that is what is going on here, and I would reject that.

I commend the Minister and the legislation. It is great to have this legislation and to have protection for women who are accessing services they have the right to choose freely. I commend the Bill to the House.

See this speech in context