Seanad debates

Tuesday, 6 July 2021

Nithe i dtosach suíonna - Commencement Matters

Termination of Pregnancy Legislation

9:00 am

Photo of Paul GavanPaul Gavan (Sinn Fein) | Oireachtas source

It is nice to see the Minister of State. She is very welcome. I want to raise the issue of the promised review of the Health (Regulation of Termination of Pregnancy) Act 2018. I begin by quoting what the then Minister for Health, Deputy Harris, said when that legislation was passed. He stated:

I am purposely seeking a review clause in the legislation as a result of looking at other jurisdictions where legislators thought all they needed to do was pass a Bill and that they had dealt with the issue forever. For us to do that would be a dereliction of our duty. It is appropriate that we return to the issue and make sure the legislation continues to be in line with best international practice.

During the Second Stage debate on the legislation in question, the then Minister also gave a very clear commitment that the there would be a full external review of its operation. It is crucial the this review be external.

I want to know where we stand in respect of this issue. We have heard that the current Minister for Health, Deputy Stephen Donnelly, apparently told the Cabinet in March that the review had started. We also know the Secretary General of the Department of Health, Mr. Robert Watt, said in March this year:

The Department will collate the findings of the three strands of the review. Upon completion a full report, with any necessary recommendations, will be submitted to the Minister for Health for consideration ...

My first concern is that the latter does not sound like an external review. It does not sound like the commitment that was given in the wake of the regulation of termination of pregnancy legislation being passed. I want to understand clearly from the Minister of State that the commitment will be upheld; that it will be an external review and that we will see a fully independent chairperson who is a specialist in reproductive rights and equality-based healthcare at the head of that review. I want to hear that the review will be expansive in scope, that it will be conducted in line with international human rights standards and the terms of reference and review process should be public and transparent. I am indebted to the National Women’s Council of Ireland, NWCI, which made these points in an excellent document it produced just a couple of months back.

We have some crucial issues. Having made so much progress in repealing the eighth amendment, we understand now that actually only one in ten GPs are actually providing abortion and termination services. I repeat it is only one in ten. We also know almost half of the maternity hospitals in the State are not providing services. That is not what the people of Ireland voted for. We need, therefore, to see action and to see an urgent review. There is a further issue, namely the ancillary recommendations of the Joint Committee on the Eight Amendment of the Constitution, of which I was a proud member. There was a great deal of agreement on the importance of these ancillary recommendations and, specifically, the need for free contraception. That was clear and is in the programme for Government. We have not seen progress yet and I want to understand from the Minister of State when that progress will be made because it is urgently needed. We know that contraception is linked directly to reduction in unwanted pregnancies so that is a key issue. Crucially, in those ancillary recommendations, we promised it would not matter where a woman lived and that regardless of where a woman lived all women would have access to the same standard of obstetrical care including early scanning and testing. That is clearly not the case. Women are being failed. I must be clear that this is not what people voted for, they voted for the provision of services and it is clear these services are not being provided as they should be.

I have one final point to raise with the Minister of State, that is, the need for safe access zone legislation. In my city of Limerick there was a protest each day during Lent outside the maternity hospital. There was a commitment in the programme for Government to enact safe access zone legislation. I am very fearful this Government is now trying to walk away from that commitment. Again, I am looking for a clear assurance that legislation will be enacted.

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