Frances Black (Independent) | Oireachtas source

The Minister is very welcome to the House. I wish him and his family a very happy Christmas.

This legislation has been a long time coming. I am glad that it has finally come before the Seanad. I pay tribute to the incredible work of the Together for Safety campaigners. Their dedication and persistence have helped get us through to this crucial stage. I also commend the Minister on his work on it. Senator Gavan deserves the utmost credit for working with activists to bring forward the Private Members' Bill on this issue, which advanced the issue considerably.

In 2018, the public voted to repeal the eighth amendment and they did so on the basis that it would be free, safe and legal. In Irish democracy and constitutional law, the people are sovereign and no group, no matter how strong their convictions may be, can veto the people's mandate. We must be unequivocal. Abortion is healthcare and no one has the right to interfere with another person's medical care. The right to access medical care freely and without fear must be vindicated by the law and enforced by the Garda. It is as simple as that. We also must ensure that all hospital staff are protected and allowed to do their jobs without interference or intimidation.

Since the passage of the 2018 Act, those seeking and providing abortion healthcare and the facilities in which they work have been subject to protest which aim to prevent access to or provision of reproductive healthcare. Such protests or religious displays outside healthcare settings distress and intimidate those accessing abortion healthcare and seek to create a chill effect on healthcare providers. It must be awful to walk past somebody who is creating that kind of scary chilling effect for people going to their job every day. Opponents of this Bill will claim that these protests are peaceful and an expression of religious conviction. Anyone who campaigned during the referendum in 2018 is aware of the graphic imagery, abusive language and vitriol that some anti-abortion activists are willing to deploy and it can be very traumatic. Known far-right activists, some of the people responsible for the riot on 23 November and the intimidation and harassment of refugees, also participate in these protests. They are not without risk.

This Bill is particularly important for rural GPs whose practice is often attached to their home. They are the medical practitioners most likely to be discouraged from providing their communities with abortion healthcare due to fear of protests. We know how patchy the availability of abortion is in rural areas. This is key legislation for ensuring equality of access across regions.

My colleagues and I will table amendments on Committee Stage to try to improve the Bill in some areas where we think it still needs a bit of work. In his reply, the Minister might clarify some of the points we raise. If he cannot reply today, perhaps he could reply in writing. On interpretation, are the definitions of "obstetrician", "gynaecologist", "medical practitioners" and "relevant healthcare providers" construed to include nurses, carers and other hospital staff such as porters and cleaners? I ask this because it is essential that they are also protected under this Bill.

On the warning system, I note the comments the Minister made on Report Stage in the Dáil about the appropriateness of proposing statutory regulation of Garda operations. However, we may need to reconsider that at this point. There must be a system for recordings of warnings if this legislation is to work effectively. If the Oireachtas decides that this is appropriate, the Garda will be legally bound to implement a recording system. I think the Minister mentioned a review. We have waited more than five years for this legislation and we probably need to get that now. The lack of a recording system for warnings is problematic and we need effective policing of these safe access zones and rigorous application of this legislation.

When having this debate, we must also look to the larger context. I welcome the review of the 2018 Act by Marie O'Shea who clearly identified we have a long way to go to ensure the mandate of free, safe and legal access is fulfilled.One of these issues is access to abortion care in the case of a fatal anomaly. This week Deputy Bríd Smith raised the fact that recently a woman whose unborn baby was diagnosed with a fatal foetal anomaly was refused a termination at 22 weeks and she will be forced to travel to Liverpool to access abortion care. This is not a unique situation. Section 11 of the 2018 Act reflects the ghostly presence of the eighth amendment and continues the actively cruel practices to which women in the country were subjected for decades. This also need urgent amendment. There are many issues needing resolution, including full decriminalisation, the removal of the sexist and demeaning three-day wait period, expansion of telemedicine and better data collection on the experiences of the women accessing abortion care, particularly migrant, disabled, working class and Traveller women.

We need to address the abuse of the conscientious objection system. At the health committee's meeting with Marie O'Shea we heard horror stories of women being caught in fruitless cycles of referral, going from doctor to doctor with their time running out. It created enormous anxiety for these women. It fundamentally undermined their right to access healthcare in a dignified manner. Repeal of the eighth amendment in 2018 was won with a large majority. The campaign mobilised tens of thousands of activists who hit the streets and made the argument in the media and on the doorsteps. They had millions of conversations, some of which were very difficult. They won a mandate for real change and it is our job in the Oireachtas to deliver this change. Let us continue to build on this momentum. I warmly welcome the legislation and I thank the Minister for his work on it. The Civil Engagement Group looks forward to engaging with the Minister on Committee Stage.