Paul Gavan (Sinn Fein)
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It is good to see the Minister of State and I thank him for coming in. He will be aware we are coming up on the third anniversary of the historic vote to repeal the eighth amendment to the Constitution.I was proud to campaign alongside my party for repeal. Unfortunately, I am old enough to remember the first referendum in 1983. I campaigned against that referendum.

After the 2018 referendum, the Minister of State will be aware that the then Minister for Health, Deputy Harris, promised legislation to establish safe access zones outside hospitals. He will also be aware of the commitment given in the programme for Government to establish exclusion zones around medical facilities. However, three years on from the original promise, there is still no sign of that legislation. I wish to ask about the status of and plans for advancing the safe access zones Bill.

The Minister of State will be aware that, every week, there are gatherings outside maternity hospitals by anti-choice protestors. The previous Government promised safe access zone legislation to ensure that these protests would not take place outside those hospitals. There are people monitoring, marching, praying and watching women going in and out of maternity hospitals. Every day over Lent, there were protestors outside the maternity hospital in my home city of Limerick.

I hope the Minister of State will agree with me that women have fundamental rights to privacy and dignity, especially so when they are visiting a hospital. I want him to think about the impact of these protestors on women as they access healthcare across the State. I ask him to listen to the following quotes from women who have encountered these protestors. I am grateful to my colleagues in Together for Safety for supplying them. The first quote is:

She asked me if I had an appointment across the road. I presumed she was making small talk as she also had one so I said yes I did. She told me she and her friends were praying that no babies were murdered in the hospital that day.

A second quote is:

They were sprinkling holy water and saying prayers outside our hospital setting while there is women having miscarriages, or having stillbirths each week or carrying their babies out in white coffins.

A third quote is:

We were attending the hospital because our baby had decreased foetal movements in the third trimester. Thankfully everything was fine, but the experience was pretty terrifying none the less. We are a same sex couple and this made me feel even more self conscious. My wife was heavily pregnant and in pain, I was holding her hand as we approached the hospital, and the all male group of protesters were really intimidating.

These protests, which are happening outside many hospitals throughout the State, are attempting to intimidate and cause upset. They are invading women and pregnant people's privacy and bodily autonomy at a profoundly vulnerable and sensitive time. People should not have to access healthcare like this.

Legislation is promised. Can the Minister of State give me a timeline as to when it will be delivered? I appreciate that the working out of this legislation is complex and that there are competing constitutional rights, but the Department has had three years to do that work, so it should be ready to produce the legislation by now. There are examples of best practice legislation from, for example, a number of states in Australia and a number of provinces in Canada. There is no end of good examples. An excellent research paper has been produced on this topic.

In a previous answer to my colleague, Deputy Cullinane, last year, the Minister assured him that women and healthcare staff "should be assured that there is existing legislation in place to protect them and to protect patients." That statement was not correct. The protesters to whom I am referring are in violation of lockdown rules, but according to the Garda, not of public order rules. We need to see and pass the legislation. I look forward to a response.

Frank Feighan (Sligo-Leitrim, Fine Gael)
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I assure the Senator that ensuring access to termination of pregnancy services remains an ongoing priority for the Minister and the Department of Health. The Senator outlined the proposal to draft the legislation to provide for safe access to termination of pregnancy services. It arose from concerns about demonstrations against abortion that took place during and after the campaign for the referendum on the eighth amendment to the Constitution in 2018. At that time, it was feared that protests against abortion, targeting service providers and inhibiting access, would occur once services began to operate. For this reason, it was suggested that safe access to services would be provided for in the Health (Regulation of Termination of Pregnancy) Act 2018.

Since services commenced in January 2019, however, there has been a limited number of reports of protests or other actions relating to termination of pregnancy.This is an extremely positive development, suggesting that termination of pregnancy services have bedded in relatively smoothly to date and are becoming a normal part of the healthcare system in line with Government policy. It is likely that the settings in which services are being offered - general practice and hospitals - have contributed to ensuring safe access to services as attending general services means patient privacy is protected.

In cases where protests have taken place outside healthcare services, I assure the Senator that there is public order legislation in place to protect people accessing services, service providers and local residents. Ireland has a considerable body of relevant public order legislation in force, including the Criminal Justice (Public Order) Act 1994, the Criminal Justice Act 2006 and the Non-Fatal Offences Against the Person Act 1997. These statutes balance Ireland's constitutional and European obligations to protect people's rights to freedom of peaceful assembly, freedom of expression and freedom to express their convictions and opinions, with the prevention of disorder or crime, the protection of health and the protection of the rights and freedoms of others.

The Department of Health has provided information on existing public order legislation to the HSE. It has also liaised with An Garda Síochána on safe access to termination of pregnancy services and the Garda National Protective Services Bureau has issued a notice to all Garda stations raising awareness about the issue. The notice directed that any protests be monitored and breaches of existing law dealt with. The Department has informed the HSE that An Garda Síochána advised that service providers should contact their local superintendent to initiate a local solution, tailored to the circumstances and needs of each individual case. This will also establish contacts for the service provider to call upon should the need arise. An Garda Síochána also advised that any protests or actions giving rise to a concern should be brought to its notice.

It is important that women accessing this service can do so with certainty of the quality and safety of the care they will receive. In that regard, the Department continues to work with the HSE to ensure that all women in Ireland can access this service quickly and easily, without bias or judgment and that we continue to provide a compassionate and dignified termination of pregnancy service.

Paul Gavan (Sinn Fein)
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I am concerned by the Minister of State's response. It seems the Government is walking away from its commitment in the programme for Government to introduce safe access zone legislation. This will be truly disturbing to an awful lot of people in this country given the struggles for many years to overturn that appalling constitutional Act. The Minister of State does not appear to be aware that there are ongoing protests outside maternity hospitals. The response he has given suggests the Government does not believe there is a problem here. The Government committed in the programme for Government to legislate for this issue. The Minister of State's response gives no such commitment. It basically says that things are fine and there is existing legislation in place, if needed. The existing legislation is not working or applicable.

Is the Government walking away from this commitment? If so, it is a disgrace and it will not be forgiven.

Frank Feighan (Sligo-Leitrim, Fine Gael)
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Implementing the Health (Regulation of Termination of Pregnancy) Act 2018 and ensuring safe access to services under the Act remains a priority for the Department of Health. It is important that we remain aware that the majority of people in this country voted in 2018 to change our laws to allow greater access to termination of pregnancy services for those who need them. I take on board what the Senator said, but all indications are that these service are operating and available and are being delivered in hospitals and in community settings.

The HSE has advised that feedback from a wide variety of stakeholders, including the Irish College of General Practitioners is that the service has bedded down well. The Minister, Deputy Donnelly, has asked me to assure the Senator and the House that the Department is continuing to closely monitor service provision. There is regular ongoing engagement between the Department and the HSE to facilitate the smooth running of termination of pregnancy services and to resolve any issues that may arise.