Seanad debates

Thursday, 10 February 2022

Safe Access to Termination of Pregnancy Services Bill 2021: Committee Stage

 

10:30 am

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

Thank you.

On the specific point Senator Mullen raised regarding the UL Hospitals Group not being notified, it does not mean An Garda Síochána was not notified. If there was activity outside the hospital, the more appropriate people to contact on that issue would have been the gardaí. I respectfully suggest there is more than one source to which a complaint can be made. If the hospital said what it said, I do not argue or dispute it. However, I believe complaints have been made in other ways.

People protest in different ways and people are hurt in different ways. People who are availing of a termination are at a vulnerable stage in their lives. It is not appropriate, even if people do not engage with them. Their mere presence, be it in quiet reflection, prayer or whatever it may be, is not appropriate. People are intimidated in many different ways. I suggest it is a form of intimidation.

I spoke to the Minister when he was before Joint Committee on Health last December. I asked him specifically about this legislation. He said it was a priority, that he was hoping to produce the heads of a Bill and bring a memo to Cabinet, and that this would be done before the end of March. I have a clear question. I presume the Minister will honour that timeline, which was made on the record of the health committee last December, because time is important. This needs to happen.

This Bill is before the House today and it will return whereupon Senators will be asked to vote on it. It is a matter of conscience as was the eighth amendment. Members of Government who voted in a certain way, for or against, did not lose the Whip. I am putting the Minister on notice that I consider this legislation as being in the realm of conscience. As such, I believe the Whip should be loosely imposed and that if a Member from the Government's side decides to vote for this legislation, he or she should not lose the Whip.

In order to avoid that situation, I strongly urge the Minister to bring his legislation to Cabinet and send it to the health committee, where pre-legislative scrutiny will happen very quickly. Senator Hoey and I, and others, are on this committee. We will ensure this happens. The Minister will then be in a position to bring his legislation to the House. He pointed out today that there are issues with the Bill and that his legal advice states there are flaws in it. I encourage him to publish that legal advice. He told the health committee before Christmas that he had already spoken to the Attorney General and the legal people in the Department concerning his own Bill. I note that it is on the priority list of legislation. It is now the beginning of February. The Minister gave a specific time commitment at the committee. I questioned him on it on a number of occasions so that we would be clear and there would be no confusion. He said the Bill would be referred to the Joint Committee on Health no later than the end of March. Will the Minister give his assurance that this time commitment will be honoured?

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