Dáil debates

Wednesday, 15 November 2023

Health (Termination of Pregnancy Services) (Safe Access Zones) Bill 2023 (Bill 54 of 2023): Report and Final Stages

 

6:10 pm

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank the Deputies for tabling the various amendments. Building on what Deputy Bacik said, and again in response to Deputy Collins, I respect everybody's views on this. I knocked on many doors, as I know many of us did. I listened to many people with many deeply held views, not just on either end of this, but right across the board. As I also said, our country has a dark history when it comes to women's reproductive healthcare. One of the things that happened under the previous Government was the repeal of the eighth amendment to the Constitution and the provision of termination services. One thing that is happening under this Government is a strong focus on women's healthcare and, as a core part of that, women's reproductive rights. That includes the free contraception scheme, State-funded IVF, and a new mode of care for fertility, from general practitioner, through to secondary care and to IVF, if required. It includes a wider roll-out of more maternity services and putting the woman's choice front and centre. It includes the ongoing roll-out of termination of pregnancy services.

As part of that, the Bill makes sure that women who access these services in our State can do so free of harassment, abuse and intimidation. It makes sure that our healthcare providers can provide these services free of intimidation, harassment and abuse. That is it. This is about women being able to access services in our country with privacy and dignity, free from abuse, harassment and intimidation. That is what we are seeking to achieve with this Bill.

The amendment speaks specifically to a review. We all agree that we want a review. Deputies Shortall and Bacik have suggested a 12-month period whereas Deputy Cullinane has suggested a 24-month period. While there are differences with regard to commencement versus reports being finished, I am essentially proposing an amendment that states 18 months. I have taken the wording that I have used directly from the Health (Regulation of Termination of Pregnancy) Act 2018. Deputy Cullinane referred to the review of that Act as positive. We are getting on with implementing it. The exact wording from that review, which I think we will all agree was done appropriately and well, and was valuable, was, "The Minister shall, not later than 3 years after the commencement of this section, carry out a review of the operation of this Act." That is the language in the 2018 Act, which we all agree was done well. I literally copied and pasted that clause. The amendment I am proposing states that the Minister shall, not later than 18 months, whereas it was three years for the 2018 Act, commencement of this section, commence a review of the operation of this Act. It is literally a copy and paste of the 2018 Act.

In response to Deputy Bacik's point of whether we should bring that down to 12 months, I do not think there is any right answer to this. My view and the clear advice I have is that we want to give it a bit longer so that there is sufficient evidence and practice. The incidences that we are looking to stop through this Bill, while entirely unacceptable, are relatively rare. They are not happening all over the country on any given week. I have no doubt that, when this Act is commenced, those incidences will fall right down. We just have to leave enough time for there to have been enough activity relevant to the Bill or Act to be able to act on it. That is all the 18 months is for.

I tabled this amendment, having listened carefully to colleagues on Committee Stage. I committed to the Select Committee on Health that I would table a review amendment to address exactly that point. We are addressing Deputy Shortall's initial amendment as well as the group. That amendment specifically relates to the recording of warnings. We have to go much broader and review the entire Act. I can tell her now that the recording of the warnings is included in the operation of the Act. It is one of the elements of the Act. For that reason, while fully respecting everyone's views, I hope colleagues will support the proposal I have tabled.

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