Seanad debates

Wednesday, 17 January 2018

Report of the Joint Committee on the Eighth Amendment of the Constitution: Statements

 

2:30 pm

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I thank the Minister of State for his time today. I would like to welcome the report of the Joint Committee on the Eighth Amendment of the Constitution and strongly support the call for the amendment to be repealed. I am deeply saddened by the harm it has done to women in this country since 1983. It is clear that we cannot move forward on this issue until the eighth amendment is removed from our constitution. The committee was careful, fair and considered in its work, and the focus on expert medical advice was very important. I join others in commending Senator Noone on her excellent work as Chair, a hugely difficult role which the Senator carried out fantastically. I hope the Senator and her family are very proud. I also thank my colleague in the Civil Engagement group, Senator Ruane, who represented our group on the committee and really did us proud with her hard work, attention to detail and commitment to justice. A huge amount of credit also must go to those campaigning on the ground for decades, those who organised marches, contacted Deputies and refused to let this issue go away when many were afraid to deal with it. Change starts from the bottom up and this has been no different. Overall, this is a big step forward for Ireland. Along with the Citizens' Assembly, it shows that when people hear the evidence, understand the reality of the situation and weigh it up in a calm and respectful environment, there is support for a woman's right to choose.

It was impressive to hear from Deputies and Senators who heard the submissions and discussions and changed their views over the process. The onus is now on those who were not part of the committee to do the same and to read those testimonies in detail. We need to make sure that the focus on evidence and calm reflection is carried on into the referendum debates in the coming months.

A few things from the committee's hearings and deliberations stood out to me in particular. The first of these is the insight that the eighth amendment simply does not stop abortion from happening. It just forces women to travel abroad for health care or to avail of it at home, illegally and in potentially unsafe conditions. Up to 12 women leave Ireland every day to access basic health care in the UK and over the past 30 years, approximately 180,000 women have been failed by the State. The simple reality is that Ireland already has abortion services; they are just located in the UK and across Europe.

We also cannot escape the socioeconomic aspect of this. In reality, many people have to delay travelling, as they need to save or borrow money to pay for flights, medical expenses, hotels and so on. For many, this is just too expensive. This means that for those who have the resources, abortion is a possibility but if one cannot afford to travel, one is immediately in more trouble. There is a class element here. Forcing women abroad for health care disproportionately affects those on lower incomes or from marginalised communities who cannot travel. Similarly, the widespread availability of abortion pills is incredibly important. Again, abortion is happening in Ireland and the question is not whether we personally agree with it but whether we want to ensure that Irish women's health care is safe, controlled, and up to the best medical standards.

When presented with the evidence, I heard many Deputies and Senators make the point that one may not be in favour of abortion but given the facts, one can understand that the decision is best made between a woman and her doctor. That is what it means to be pro-choice, namely, to face up to the daily reality and trust women. This is a highly sensitive and emotive issue and I know how passionate about it people are but if we can have the conversations and reflect on the evidence, we can support a woman's right to make her own choices.

I was also struck by the testimony of many of the country's most senior doctors and medical experts, as well as the legal advice that was heard. It was clear that given the complexity of the issue, the Constitution is not the place to deal with abortion. In the words of Dr. Peter Boylan, the eighth amendment has caused "significant difficulties for doctors", and "has caused grave harm to women, including death". When the referendum wording is decided, we must get this right. We need a straight repeal of the eighth amendment to be put to the people as soon as possible and I hope it is considered in May rather than June. I thank the Minister for Health, Deputy Harris, for working quickly on this.

Dr. Rhona Mahony, master of the National Maternity Hospital, also noted how unworkable our current system is, stating that it "assumes we can accurately predict the risk of dying", and that "waiting for a woman to be sufficiently ill in order that she is perceived to be at risk of dying is potentially dangerous". It is horrendous to think that women in need of an abortion for medical reasons are essentially forced to wait until their condition deteriorates almost to the point of death before they can access a termination. To wait for someone to be bad enough before allowing them medical treatment is deeply unfair and unjust.

I think of Michelle Harte, who became pregnant while receiving treatment for cancer. She was advised by her doctors of the risks to her health and sought a termination. This was refused in Cork University Hospital as a threat to her life was not immediate. She was forced to travel to the UK to access health care. She died in 2011. I also think of Savita Halappanavar, who was denied a medically induced abortion, despite the inevitability of a miscarriage, because a foetal heartbeat was detected. It was a tragic and shocking story and her death could have been prevented. She should be alive today and it breaks my heart to think of what happened to her. Savita's case was another one of a long, dark line of tragedies that have shocked and saddened the country over recent decades.

Today, I think especially of the young migrant woman, Ms Y, who should have been welcomed to this country with the chance to start a new life. She became pregnant as a result of rape and sought an abortion under our current system on the grounds of the risk of suicide but was denied. She came to this country seeking help and we failed her. She was unable to travel to the UK because of her legal status and was essentially forced to carry an unwanted pregnancy until foetal viability. When she objected and went on hunger strike, the HSE sought a court order to sedate and drip-feed her before carrying out a Caesarean section at just 25 weeks. This took place a full 17 weeks after she had first sought help, expecting Irish hospitals to support her. It breaks my heart to think of what she went through. Her lawyers noted the huge emotional pressure inflicted upon this very young and vulnerable woman by the State. I think this is an understatement. I cannot bear to think of the impact this has had on her mental health. This is hugely important and we cannot in good conscience stand over a system that abuses and mistreats women like this. I would like to say this was a rare case but it is not. It is one of the many that led the United Nations Human Rights Committee to rule that the eighth amendment subjects women to cruel, inhuman and degrading treatment and violates their human rights.

This is a difficult and sensitive issue but if we look at the reality of what the eighth amendment has meant and the huge hurt and trauma it has caused for women in this country, we see that we must repeal it. This has been made clear by the Citizens' Assembly and now by the committee's report. I commend its members again on their hard work and dedication and I urge the Taoiseach to call a referendum quickly. I repeat, the Government must hurry up and get this done.

My voice will be among those calling for repeal when we go to the polls this year.

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