Seanad debates

Thursday, 14 December 2023

Health (Termination of Pregnancy Services) (Safe Access Zones) Bill 2023: Second Stage

 

9:30 am

Photo of Malcolm ByrneMalcolm Byrne (Fianna Fail) | Oireachtas source

I pay tribute to the work of the Minister in the area of women's health. His record and legacy when it leaves the Department will show that he has done more in this area than any other Minister since the foundation of the State. If we look at the issue of termination of pregnancy, one of the best ways to deal with it is through having proper sex education and access to contraception, and ensuring every baby is wanted, as many in the pro-life campaign would argue. The Minister has led the way in work on this.

I voted "Yes" in the referendum in 2018. I struggled with it like many Irish people. I was convinced by conversations I had with many women I know who shared their personal stories with me. Some of them had very difficult personal journeys. When they need to access healthcare it is essential that they are able to do so in a safe and uninhibited way. Any discussion comes between them and their medical professionals.

I want to address a general point on protests and freedom of expression. It is critical that we listen to alternative views. I disagree with those who opposed the repeal of the eighth amendment but those who have a view that abortion should be limited or restricted in particular ways, even though I disagree with many of their views, have a legitimate right to express these points of view. Those of us on the opposite side have a duty and obligation to listen to these points of view. In an increasingly polarised world it is more important than ever that we listen to alternative perspectives.

That said, when it comes to policy decisions, and when people wish to protest about a policy decision, there are certain places where it is appropriate to protest and there are places where it is inappropriate to protest. If someone wishes to protest about the health policies of the Government in any way the correct place to do so is outside the gates of Leinster House or outside the Department of Health. People can disagree as vociferously as they wish with the Minister and the Government's policies. The idea that there is an uninhibited right to freedom of expression and freedom to protest is not true. If someone disagrees with the Government's immigration policy there are correct places to protest but it is not outside the homes or temporary shelters of those who are seeking refuge in the country. It is no different for people who wish to protest about the policies of Israel; it is not correct to engage in anti-Semitic protests outside synagogues or places where Jewish people go together.

If we are to defend the right to freedom of expression and the right to freedom of protest it can only be done by ensuring there is a balance with the other rights individuals have. I will stand up in this House and strongly defend, even though I disagree with them on many occasions, the rights of Senators Mullen and Keogan to say whatever they wish to say, within reason. They can say it in this Chamber, they can say it outside of Leinster House and they can say it in other public fora. When it competes with ensuring an individual's right to access to healthcare, however, then protesting outside a hospital is not an appropriate place to do this. The Minister is very clear that the Bill does not inhibit somebody's right to oppose the Minister's policy or Government policy. It does not inhibit somebody from holding passionately a very strong position on abortion or any other healthcare issue. What it does do is ensure that expressing that right, which we should all respect, would only be done in suitable places. The Bill is balanced. It puts the necessary safeguards in place. I echo the comments of colleagues and I hope we can enact it as soon as possible.

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