Ivana Bacik (Independent) | Oireachtas source

I will be brief. Indeed, all of us on this side have been brief and concise in our contributions in the 15 hours we have had so far on Committee Stage. Certainly, for my own part and for the part of others, we have sat in rather dignified silence and shown considerable self-restraint in the face of some language that was, unfortunately, disrespectful about women and about our bodies.

I fundamentally disagree with these amendments, in particular, with amendments Nos. 47 and 50, which effectively create a skewed balance between the rights of conscientious objection which are respected in this section 22 and the right of women to access medical services. Senator Norris is correct, of course, that there is European case law on this. There is, indeed, a useful report, published in October of this year, from the European Parliament on conscientious objection law and sexual and reproductive health rights which makes clear that the right to conscientious objection is not absolute, it must not be a barrier to accessing sexual and reproductive health services and that this is the case across the EU and also in Ireland.

Indeed, I would support section 22 because it strikes that careful balance between respecting the rights of conscientious objection of medical practitioners, nurses and midwives, and, indeed, students, as per an amendment in the Dáil, and the rights of women to access services. That is, as I say, a careful balance that is well struck and, of course, does not affect the duty to participate in a termination in accordance with section 10, which is the emergency section.

Unfortunately, given how much debate there was on this issue in the other House, what we have seen is, as the Minister put it, not so much conscientious objection as conscientious obstruction being carried out in the shape of some of these amendments. Anyone who looks objectively at section 22 will see that it strikes this careful balance. In particular, subsection (3) ensures that there is an obligation to make arrangements for the transfer of care. It merely puts it at that. That is fair.

Finally, in terms of the pharmacy point raised by my friend, Senator Norris, the Pharmaceutical Society of Ireland has in its Code of Conduct for Pharmacists an obligation that where they are unable to provide prescribed medicines or pharmacy services, they must take reasonable action to ensure that those medicines or services are provided to patients and that their care is not jeopardised. That is rather similar language to the sort of balancing act struck in this section.

Finally, much of the debate around this Bill and the provision of services focused on the medical practitioners, the doctors etc. I was disappointing that the Coombe hospital, where I had a happy experience having my own babies, indicated it would not be in a position to provide services from 1 January. It is unfortunate that the debate has been so focused upon doctors and not upon women.