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Dáil Éireann díospóireacht -
Wednesday, 8 Feb 2023

Vol. 1033 No. 1

Health (Regulation of Termination of Pregnancy) (Amendment) Bill 2023: First Stage

I move:

That leave be granted to introduce a Bill entitled an Act to amend the Health (Regulation of Termination of Pregnancy) Act 2018 to provide for abortion on request prior to foetal viability; to abolish the 3 day waiting period for abortion on request; to allow for abortion on grounds of fatal foetal abnormality that are likely to lead to the death of the foetus either before or within a year of birth; to allow for abortion where there is a risk to the life, or of serious harm to the health, of the pregnant woman; and to decriminalise the provision of abortion.

In moving this Bill, I remember those cases that propelled many people in this country into action and into campaigning and fighting for the right to chose. Savita Halappanavar and Ms X are just two in a litany of names and initials who became synonymous with a cruel and punishing Ireland for women. In recent weeks we have seen protests targeting refugee centres, ostensibly under the banner of defending women and safeguarding them from some unknown threat. It is ironic that in most cases these protests have been led and orchestrated by men who fought tooth and nail against repeal and against giving women the right to choose and to control their own reproductive health.

This Bill, like the Repeal movement, insists abortion is a health issue. It supports the belief held by the vast majority in the country that someone who needs abortion care should never have to travel abroad for it. In line with the beliefs of the majority, it aims to ensure abortion is treated like any other medical procedure and is never a matter for criminal law. It aims to achieve full decriminalisation of abortion in line with WHO guidelines. It will see the removal of the mandatory three-day waiting period and the 12-week gestational limit. Abortion is a health issue for women and the insertion of the three-day waiting period tells women their decision to do what they want with their own bodies must be questioned; that the healthcare they are seeking access to is somehow different from care for other aspects of their health and that we are going to place obstacles and hurdles in their way. It suggests there is something wrong with their choice. We totally reject this and the burden it places on women.

In many places in the country, accessing abortion care or seeing a GP who will treat you is very difficult, if not impossible. When you get an appointment, take time off work and travel, you then have to go away, think about it, consider your choice and make your way back again for the treatment you are entitled to. This Bill rejects that continuing heartbreak and trauma. We are putting women through it in the case of fatal foetal abnormalities as well. Out of every five women who need abortion care in cases of foetal anomaly, two must travel. Research has shown that in the two weeks before the close of the public consultation, 71% of people agreed abortion should be treated like any other medical procedure and should never be a matter for criminal law and the chill factor that surrounds the laws we have. Research has also shown it is critical the Government listens to the lived experience of women accessing abortion care and recognises the barriers we put in front of them and takes forward evidence and recommendations from people. There is no medical evidence to support the three-day waiting period. It was not recommended by the citizens' assembly or the Joint Committee on the Eighth Amendment of the Constitution. It was inserted by the Cabinet and the overwhelming majority of people who must wait the three days found it added stress and anxiety to their physical and mental health. They described the wait as ridiculous, patronising, unnecessary and demeaning.

My last point relates to the issue of fatal foetal anomaly. It is heartbreaking to see hundreds of women having to travel to Britain since the law was introduced following repeal. In most cases they must travel because medical practitioners say they cannot be certain that within 28 days of being born a fatal abnormality will prevent that foetus from living. This Bill extends that period from 28 days to a whole year.

The details are in the Bill, but to summarise, it will provide abortion on request for fatal foetal anomaly, abolish the three-day waiting period and provide abortion on the grounds that are likely to lead to the death of a foetus either before or within a year. It will also allow for abortion where there is a risk to the life or the health of a woman or pregnant person and entirely decriminalise the provision of abortion. I commend the Bill to the House and look forward to cross-party support.

I have a final point on the review of the abortion legislation, which is long overdue. I am sorry the Minister for Health has left the Chamber. The review of the abortion legislation should have been submitted to him by yesterday. He has given us no timeline for the publication of his report on same. I have asked a parliamentary question on this and would like the Minister to finally give us a straight and sincere answer about when we can expect this review.

Is the Bill being opposed?

Question put and agreed to.

Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

I move: "That the Bill be taken in Private Members' time."

Question put and agreed to.
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