Dáil Éireann Debate, Tuesday - 12 July 2016
66. Deputy Clare Daly asked the Minister for Health his plans to repeal the Regulation of Information (Services Outside the State for Termination of Pregnancies) Act 1995, particularly in view of the United Nations Human Rights Committee finding (details supplied), in order to enable the medical profession to advise its patients on all medical options available to them, including those currently only available outside Ireland. [20614/16]
View answer549. Deputy Richard Boyd Barrett asked the Minister for Health his views regarding whether women's rights are being vindicated, given the findings of the UN Human Rights Committee in regard to Ireland’s abortion laws; and if he will make a statement on the matter. [17149/16]
View answer550. Deputy Bríd Smith asked the Minister for Health if he believes that the recent United Nation's condemnation of Ireland's treatment of pregnant woman in need of abortions shows that this and previous Governments' failure to legislate or to seek to repeal the eighth amendment proves that Ireland may indeed be guilty of cruelty and inhumane treatment of all female citizens. [17506/16]
View answerI propose to take Questions Nos. 66, 549 and 550 together.
My Department is studying the Views of the United Nations Human Rights Committee on complaints brought by Ms Amanda Mellet against the State, and assessing their findings.
The complaint relates to the inability of Ms Mellet, who was carrying an unborn child with Edwards Syndrome (a fatal foetal abnormality), to access a termination of pregnancy within the State.
As I previously stated, I find the Committee’s description of Ms Mellet’s experience outlined in the Views deeply lacking in compassion and I want to see the issue addressed.
The Deputies will be aware that termination of pregnancy is regulated in Ireland by constitutional and statute law and in particular the Eighth Amendment to the Constitution (Article 40.3.3) which acknowledges and guarantees in its laws to respect and, as far as practicable, to defend and vindicate that right, with due regard to the equal right to life of the mother.
I believe that the Government’s commitment to develop a consensus approach on the Eighth Amendment within a Citizen’s Assembly is the way to move forward. The issue of fatal foetal abnormalities can be examined as part of this process and I would expect the views of the UN Human Rights Committee will also be considered.
Aside from the constitutional issue of the Eighth Amendment I am also considering within the law what other services and supports can be put in place to help women in these circumstances.
In this regard, the Regulation of Information (Services Outside the State for Termination of Pregnancies) Act, 1995 defines the conditions under which information relating to abortion services lawfully available in another state might be made available in Ireland. Medical professionals are not precluded under the Act from giving a pregnant woman all the information necessary to enable her to make an informed decision provided a termination of pregnancy is not advocated or promoted. The Act does not prevent a doctor communicating in the normal way with another medical professional in regard to his/her patient’s care nor does the Act prevent the woman receiving a copy of any medical, surgical, clinical or other records relating to her case.
I intend to ask the HSE to ensure that the medical profession have clarity about what they can do under the Act to support women in these circumstances.
