Paul Gavan (Sinn Fein) | Oireachtas source

Listening to our colleagues, Senators Mullen and Keogan, brought me back in time to 1983, when I first got involved in political action. I campaigned against that awful eighth amendment. Their speeches brought me back to a time when they were the dominant voices. That suffocating oppression of women was mainstream and so strongly in place that it was a horrendous time. As a result, each year thousands of women were forced to go elsewhere for essential healthcare, to access abortion. It is good to see we have come a long way and it is important to acknowledge that on a day like today.

The history of this Bill goes back five years to when, after the successful repeal referendum, my colleague, Deputy O'Reilly, was speaking to Simon Harris, the then Minister for Health, and emphasised the importance of getting safe access zones in place. The Minister said we needed to get this Bill in place first but would then follow up with that legislation. It has taken five years, which is a long time.

I do not believe we would be here today if it were not for our colleagues in Together for Safety. I acknowledge Karen Sugrue here today, her good colleague Yvie Murphy, who could not make it today but wanted to be here, and a host of other people in Together For Safety who campaigned relentlessly on this issue. They were kind enough to allow me to introduce a Bill and I did it on a cross-party basis. I acknowledge the co-operation and support of all Senators across all parties to enable us to pass all Stages in the Seanad, ramp up pressure and ensure we have this Bill here today. While it has been extremely frustrating to wait so long, I acknowledge the legal complexities and the work of the Department officials here. I was able to engage with them at one of the health committees, in particular – I think two actually. I understand it was a complex process and I give them credit for the work they have done to bring us this far.

The Bill effectively mirrors the goals of the Bill we got through the House. There are concerns around the warning system. My colleagues in the Dáil raised that on Committee Stage. They tried to work with the Minister. It is something we might have another look at on Committee Stage but we very much support the Bill.

I want to see safe access zones introduced as soon as possible to ensure people can get safe access to the services. It is not true when Senator Mullen says people enjoy anonymity. They do not enjoy anonymity. They are trying to access essential healthcare and abortion and we know there have been instances of intimidation and appalling white coffins and crosses outside hospital settings. It is not good enough.

The Bill would create a 100 m safe access zone around any healthcare premises where termination of pregnancy services may be provided. It would prohibit a person from obstructing or impeding access to a relevant premises where people are availing of or providing termination of pregnancy services. It would make it illegal for a person to communicate material or otherwise engage in conduct with the intent to influence the decision of the person availing of or providing termination of pregnancy services. It would give the Garda the power to issue a warning to any individual it believes is engaging, has engaged or will engage in such conduct. Where a person receives a warning but continues to engage in that activity, he or she may be arrested without a warrant. This would undoubtedly aid women in gaining safe and unhindered access to lawful termination of pregnancy services.

It is important to clarify what the Bill does not do. It does not seek to ban protests within 100 m of the Houses of the Oireachtas, and rightfully so. It does not prohibit the provision of information regarding termination of pregnancy services, whether provided by or on behalf of the relevant healthcare provider. Those are important protections when trying to balance the right to protest with the right to access healthcare services without fear or threat.

While the Bill addresses some concerns that have hindered the development of accessible termination of pregnancy services, it will not address all concerns. The independent review of the operation of the health Act 2018 highlighted a number of issues the Bill does not deal with. The report identified clear regional disparities between services. We welcome the improvements that have taken place recently but, as Senator O'Reilly has pointed out, there are still significant sections of the country where people have to travel for services. That is not good enough. The report pointed out we are not training or recruiting enough doctors. It identified the south east, north west, midlands and Border counties as particularly under-served.

The issue of the mandatory three-day waiting period must be rectified. The position of the World Health Organization is that a mandatory waiting period should not be required and the evidence does not establish any benefit to mandatory waiting periods for women. The report cites the unplanned pregnancy and abortion care study commissioned by the HSE, which showed respondents wished to access care as quickly as possible and did not perceive any benefit in a three-day waiting period for reflection on their decision. Respondents stated they felt certain of their decision, had not taken the decision lightly and had reflected on it prior to arranging an appointment with a GP or community provider. The three-day waiting period has to go. It is an insult to women. I am disappointed it appears the Government will not act on that. I ask it to reconsider that point. Researchers found respondents were consistent in their view that the three-day wait had next to no impact on their decision-making process, regardless of the length of time it took to make the decision. We need to see a clear plan from the Government on progressing the recommendations of the independent report.

I am happy this Bill is here today and I want to see it pass as quickly as possible. In Limerick we need to see it passed before the next Lent season because that is when it is ramped up outside the maternity hospital. I hope we will have the co-operation of all Senators. I am sure we will have that from almost all Senators and will get this Bill passed swiftly in the new year. I look forward to working on that.