Seanad debates

Thursday, 15 July 2021

CervicalCheck Tribunal (Amendment) Bill 2021: Second Stage

 

9:30 am

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

That was well said and it summed up all our fears. I also commend this Bill to the House and I support it 100%. I am glad to see that the numbers who have registered have improved even this week since the debate in the Dáil. It is regrettable that we have only seven women involved from those more than 221 potential applicants. I heard the Minister’s reassurance that it looks like participation will improve and the number will increase. I read the transcript of the Minister’s speech in the Dáil and I listened to him today. I note that some of the requests of the 221+ group could not be accommodated due to the clear legal opinion of the Attorney General.

I want to dwell on this aspect for a moment and consider it. The Attorney General’s role as defined in Article 30 of the Constitution enshrines it as an adviser to the Government. The Attorney General is obliged to advise on all potential Government policy. It is then our job as politicians to find a way forward, to surmount issues and to try to maximise meeting needs when we craft legislation. We must keep the idea that politics is the art of the possible front and centre when we legislate. Even when the Attorney General puts up roadblocks and states something cannot be done for this, that and the other reason, it is important for us to revisit an issue and state how it can be addressed while bearing in mind the advice from the Attorney General.

The 221+ group has undertaken fantastic advocacy in respect of a shocking and horrific experience for those women. It is one which resonates with us all as women. The treatment they received in being obliged to go through the courts was horrendous. I congratulate Vicky Phelan for her courage in being the first woman to stand up and speak out. I welcome her home after treatment in the United States. I am sure it was very difficult to be away from her family. Treatment for many of these women, and for others diagnosed with cancer, particularly when it involves any sort of cervical cancer, involves hysterectomies. Part of the standard treatment in our State in this regard is for women to be referred to the Rotunda Hospital where their eggs are taken and frozen, even when there is knowledge that they are going to have a hysterectomy.

This leads me on to what is probably a predictable subject. In light of that practice, we need laws on surrogacy and we need international surrogacy laws. We cannot yield to impediments being raised in this regard. We must find a political solution, enter into discussions and engage with the advocacy groups. I state that because some of the women who are members of the 221+ group need surrogacy and will need international surrogacy. Others are women with cystic fibrosis. The Irish Families Through Surrogacy group has really highlighted these stories. People have shared their personal experiences regarding why they have needed international surrogacy. Therefore, if we have a medical programme which anticipates the need for eggs post hysterectomy, then there is no reason we cannot find pathways to both domestic and international surrogacy. The statement that went to the "Today with Claire Byrne" show last week from the Department of Health has had a chilling effect on people throughout the country who are waiting for the Government and the Legislature's response to the report from Professor Conor O'Mahony that finds a pathway to international surrogacy. This is not about morality. It is about an ethical pathway to a treatment that is available. Some of the language around the discussion is appalling in terms of how women are being categorised. It is really important that we engage with this issue. Women are accessing a service and we, as legislators, must have courage in embracing what is and will continue to be a reality. Surrogacy is now a pathway to parenthood and we need to find a way to legislate for it. We cannot rush the legislation and publish it without proper engagement. Parents and their children need a response on surrogacy and it must be included from the outset in any Bill that comes to the floor of the Houses. Let us not rush it. Women and families deserve better than that.

Comments

No comments

Log in or join to post a public comment.