Seanad debates

Tuesday, 27 March 2018

An Bille um an Séú Leasú is Tríocha ar an mBunreacht 2018: An Dara Céim - Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage

 

2:30 pm

Photo of Catherine ArdaghCatherine Ardagh (Fianna Fail) | Oireachtas source

Ar dtús báire gabhaim buíochas le gach ball den chomhcoiste um an ochtú leasú ar an mBunreacht, go háirithe, an Seanadóir Ned O'Sullivan, an Seanadóir Noone mar Chathaoirleach, an Seanadóir Ruane, an Seanadóir Buttimer, agus an Seanadóir Mullen, agus mo comhghleacaithe sa Dáil, go háirithe na Teachtaí Lisa Chambers, Rabbitte, Kelleher, Browne agus Butler i mo pháirtí féin a bhí mar baill ar an gcoiste, agus leis an Aire, an Teachta Harris. Chaith mo comhghleacaithe na céadta uair an chloig isteach ag éisteacht agus as staidéir fianaise shaineolach. Tar éis próiséas fada, foilsíodh tuarascáil ar an ochtu leasú den mBunreacht. Bhí sé soiléir gur aontaigh an tromlach de na baill leis an dtuarascáil. Ceann de na polasaí conspóideacha a tháinig ón dtuarascáil, ná ginmhilleadh suas go 12 sheachtaine, ábhar a chuir eagla ar daoine áirithe, ach nuair a dhéanann duine staidéir ar conas a tháinig an chomhcoiste go dtí an bpolasaí seo, is féidir tuiscint a fháil ar na réasúin go léir.

Ó na 1970daí, tá 180,000 mná tar éis dul go Sasana le haghaidh ginmhilleadh a fháil. Is iad seo an méid a thug seoladh Éireannach in aon chaoi. I mo thuairimse tá an fíor uimhir níos airde ná seo. Léiríonn sé seo dom nach bhfuair na mná seo an cead leigheas ceart a fháil ón Stáit, toisc gur onnmhairíodh, export muid, an fhadhb seo go dtí stáit eile. Léiríonn na huimhir sin dúinn go bhfuil ginmhilleadh cuid agus dáileach de saol mná na h-Éireann, ach b'fhearr linn neamhaird a dhéanamh air, mar a dhearna muid le ceisteanna mná ón am a bunaíodh an Stát.

I have said in this Chamber before that if men had reproductive health issues, they would be treated in high-tech hospitals akin to the Aviva. We do not have that luxury. We receive our gynaecological medical treatment in old Victorian hospitals and prefabricated buildings like those in the Coombe hospital. The staff work tirelessly and extraordinarily long hours with passion and dedication, delivering Irish children, and caring compassionately for Irish mothers. When we have talked to our top doctors and masters of maternity hospitals, and more particularly to the members of the Institute of Obstetricians and Gynaecologists, they have indicated to us that the eighth amendment is an impediment to them doing their job. Their professional opinion on it is that the eighth amendment, quite simply, does not in this day and age protect the best interest and health of mothers or babies in this country.

We know that each day three women in Ireland take the illegal abortion pill at home and without the comfort and support of medical advice. We know that doctors are very concerned about the growing use of unregulated and unlicensed medication, particularly where women may feel afraid to seek medical help, if necessary, because of fears of prosecution and criminal sanctions. We also know that this issue does not affect women equally in Ireland. Women with means in Ireland and financial stability are already in a position to travel to the UK and have an abortion freely. This issue affects, in the main, women without financial means, and women on the margins, including asylum seekers, who are not allowed to leave the jurisdiction, and also do not have the means to travel. These vulnerable women are looking to the Internet and unregulated medications to address their medical needs in crisis pregnancy.

The eighth amendment is currently not fit for purpose, in my humble opinion. Bunreacht na hÉireann, as we know, is a living and breathing document, that can be a source of pride and which has served us well. It allows specifically for amendments, by way of a referendum, when provisions within it are no longer fit for purpose. The eighth amendment, in my opinion, has run out of road and is now causing more bad than good. We have to face the facts that Irish women have abortions on a daily basis, both in this country, by way of illegal abortion pills, or by way of travelling to the United Kingdom. We need to recognise that women in this country are, from time to time, faced with crisis pregnancies, whether due to rape, incest, discovery of a fatal foetal abnormality, medical, financial or other social reasons. The idea of a crisis pregnancy is a subjective matter that pertains directly to each individual. We all know women who have been affected by abortions and have been unable to obtain compassionate abortions in this State. We need compassion in this country. We only have to look at the case of Ann Lovett, who would have turned 50 this week. Reading how she was treated and shunned by her community still leaves me frightened and scared. From the actions of many, this attitude still prevails, in particular the "let us ignore it" attitude in that if we ignore it, it is not happening. Our treatment of women in Ireland has been appalling. This is an opportunity that can be taken to trust women.

On the democratic process of allowing a referendum, as citizens we need to be allowed to decide on whether or not we believe Article 40.3.3° is fit, or unfit for purpose. Whether one is for or against it within this House, I would ask Members to allow the women and the men of Ireland to decide, by way of a referendum, to make any decisions on the removal of the eighth amendment. I am proud of our democracy and the idea of giving people a choice in how their country works and in Ireland, in particular, the composition of Bunreacht na hÉireann, our Constitution. The Bunreacht is an evolving document, and the people of Ireland deserve to have the question on the removal of the eighth amendment put to them. Let us be clear, Irish women have a track record of valuing life, including the precious life of the unborn. Irish mothers are known for their strength, compassion, determination and resilience. No woman has an abortion for the sake of it. Any decision on having an abortion is made with the utmost caution and thought and with medical care. It is not a decision any woman in a crisis pregnancy takes lightly. It is time to trust women. To trust your wives, sisters, friends, nieces, cousins and your colleagues to make decisions on their own bodies safely. I will be supporting the Thirty-sixth Amendment of the Constitution Bill.

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