Frank Feighan (Sligo-Leitrim, Fine Gael) | Oireachtas source

I assure the Senator that ensuring access to termination of pregnancy services remains an ongoing priority for the Minister and the Department of Health. The Senator outlined the proposal to draft the legislation to provide for safe access to termination of pregnancy services. It arose from concerns about demonstrations against abortion that took place during and after the campaign for the referendum on the eighth amendment to the Constitution in 2018. At that time, it was feared that protests against abortion, targeting service providers and inhibiting access, would occur once services began to operate. For this reason, it was suggested that safe access to services would be provided for in the Health (Regulation of Termination of Pregnancy) Act 2018.

Since services commenced in January 2019, however, there has been a limited number of reports of protests or other actions relating to termination of pregnancy.This is an extremely positive development, suggesting that termination of pregnancy services have bedded in relatively smoothly to date and are becoming a normal part of the healthcare system in line with Government policy. It is likely that the settings in which services are being offered - general practice and hospitals - have contributed to ensuring safe access to services as attending general services means patient privacy is protected.

In cases where protests have taken place outside healthcare services, I assure the Senator that there is public order legislation in place to protect people accessing services, service providers and local residents. Ireland has a considerable body of relevant public order legislation in force, including the Criminal Justice (Public Order) Act 1994, the Criminal Justice Act 2006 and the Non-Fatal Offences Against the Person Act 1997. These statutes balance Ireland's constitutional and European obligations to protect people's rights to freedom of peaceful assembly, freedom of expression and freedom to express their convictions and opinions, with the prevention of disorder or crime, the protection of health and the protection of the rights and freedoms of others.

The Department of Health has provided information on existing public order legislation to the HSE. It has also liaised with An Garda Síochána on safe access to termination of pregnancy services and the Garda National Protective Services Bureau has issued a notice to all Garda stations raising awareness about the issue. The notice directed that any protests be monitored and breaches of existing law dealt with. The Department has informed the HSE that An Garda Síochána advised that service providers should contact their local superintendent to initiate a local solution, tailored to the circumstances and needs of each individual case. This will also establish contacts for the service provider to call upon should the need arise. An Garda Síochána also advised that any protests or actions giving rise to a concern should be brought to its notice.

It is important that women accessing this service can do so with certainty of the quality and safety of the care they will receive. In that regard, the Department continues to work with the HSE to ensure that all women in Ireland can access this service quickly and easily, without bias or judgment and that we continue to provide a compassionate and dignified termination of pregnancy service.