Seanad debates

Wednesday, 14 September 2022

Nithe i dtosach suíonna - Commencement Matters

Abortion Services

2:30 pm

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

Not for the first time I raise the issue of safe access zones with the Minister of State. It has been four years since the historic vote to repeal the eighth amendment to the Constitution. After that referendum, the then Minister for Health, Deputy Harris, promised legislation to establish safe access zones outside hospitals. The Minister of State knows that, unfortunately, that promise was not maintained. He also knows that a commitment was given in the programme for Government to establish exclusion zones around medical facilities. Unfortunately, in May 2021, the Minister of State told me in a Commencement matter debate that there was no need for this legislation. On the back of that, the Together for Safety campaign group drew up its own Bill and I was very proud to introduce it in the Seanad, with cross-party support. As the Minister of State knows, that Bill passed all Stages in the Seanad.

One of the frustrating aspects of the past couple of years has been a constant promise by the Government to introduce a Bill. The Minister gave me an assurance that the Bill would be introduced by March 2022 but, again, we did not see the Bill materialise. Thankfully, the heads of a Bill were published in August but I emphasise the crucial importance of moving swiftly with this legislation. The Minister of State will agree with me that everybody should have the right to access healthcare, including abortion services, in dignity, privacy and safety. People should have the right to go to work without having to worry about being observed, harassed or intimidated while doing their job. Additionally, there have recent reports from members of the general public that residents and businesses near these facilities as well as service users find their presence incredibly distressing.

What is the status of the plan to advance the Government's safe access zones Bill? The Minister asked me whether I would work with the Government when it introduced its Bill and I gave him a firm commitment that we would. I want the Minister of State to tell me the timeline for this Bill. As I am sure he will acknowledge, after four years, we have been left waiting for far too long. During the summer, the Minister said he expected the Bill to be fully passed through both Houses by Christmas. Will the Minister of State confirm that this is the timeline? If it is not the timeline, will he outline what the expected timeline for the Bill will be so that we can have a firm expectation as to when we will see these key issues addressed?

It is not a coincidence that only one in ten GPs is offering abortion services. One of the factors that has been acknowledged by the Department is that these protests are having a chilling effect in terms of the provision of services. That is why it is so important that we see action and swift action from this Government.

The Minister of State received an excellent submission from the Together for Safety group regarding the Bill. I will briefly highlight three key concerns regarding the content of the Bill the group has raised. The first involves ensuring that industrial action is protected in the Bill. The Minister of State knows that in our Bill, we made sure industrial action is fully protected.I am a little surprised there is no reference to that in the heads of the Bill for the Government's proposed legislation. I again ask for a specific assurance that protection of industrial action will be included in that Bill.

The second issue is that of empowering gardaí. The language in head 4 of the proposed Bill needs to be changed from "may" to "shall", thereby empowering gardaí to take necessary action, should the circumstances call for it, and ensuring that action is taken in every instance.

I also ask the Minister of State for an assurance that the Bill will use inclusive language. It is important that it incorporates such inclusive language to recognise and acknowledge that transgender and non-binary people may become pregnant and require access to termination of pregnancy services. We request that the wording "women and pregnant people" be used throughout the legislation, where appropriate.

I would appreciate positive and clear responses on those points.

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