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Dáil
‹ Leaders' Questions

Human rights and mother-and-baby homes

Summary

Deputy Catherine Murphy cites the UN’s criticism of Ireland’s human rights record and asks whether past abuses, including in mother-and-baby homes, are being repeated in cases involving fatal foetal abnormalities. The Tánaiste points to the inquiry into mother-and-baby homes, the Constitutional Convention and existing Government consideration of related constitutional issues.

I extend a warm welcome to the members of the deaf community who are in the Gallery and welcome the Ceann Comhairle's initiative in facilitating the signing of our deliberations. I expect that it is difficult to sign our proceedings given all the heckling but I am sure the signer is doing very well.

This week's damning review of our human rights practices by the United Nations Human Rights Committee makes for grim reading but it is hardly surprising. Our failure in regard to the Magdalen laundries survivors, the symphysiotomy survivors, those who spent time in mother and baby homes and those who were victims of clerical child abuse is shameful. However, we stand to repeat the mistakes of the past if we do not act to address the grossly discriminatory laws that govern abortion. The UN committee confirmed that we are in breach of the International Covenant on Civil and Political Rights by denying women the option to avail of abortion in certain circumstances, namely, rape, incest, fatal foetal abnormalities and where a woman's health is in danger. I would argue that we are not only in breach of the covenant but also in breach of basic humanity in denying an abortion to a woman who has been raped, is a victim of incest or has to endure carrying to full term a pregnancy when there is no prospect of delivering a live baby. I found it profoundly chilling to listen to the remarks of the principal officer of the Department of Health who told the committee that denying these women the right to abortion was the will of the people. I question what people are meant. The eighth amendment to the Constitution was inserted more than 30 years ago and attitudes have changed significantly since then, as recent polls have shown.

The Labour Party is a socially progressive party. The Tánaiste is the leader of that party as well as the deputy leader of this country, and she is also one of the few women in a decision-making role in this Government. Is she going to use her powerful position to bring about change in this area and, if so, how is she going to do that?

Comment on this

In regard to Deputy Catherine Murphy's comments on the Minister for Justice and Equality's visit to the Human Rights Committee in Geneva, I am sure it did not escape the Deputy's notice that yesterday was a significant day in terms of the appointment of Judge Murphy to the commission of inquiry into mother and baby homes. The Deputy may also have noted the publication of an extensive report based on the work of the interdepartmental committee on the history of mother and baby homes. In the period since his appointment, the then Minister for Children and Youth Affairs, Deputy Charles Flanagan, did considerable work to advance that, and I want to use this opportunity to thank him and his predecessor, Deputy Frances Fitzgerald, for the significant progress that has been made on the issue in a relatively short period. Work is now ongoing on the terms of reference for that inquiry.

In regard to the Deputy's comments on the meetings in Geneva, it is recognised internationally this country has inherited a series of extraordinarily difficult legacy issues which have affected at least 50% of families in this country at some stage down the decade, and have affected women in particular. They have also affected children born as a consequence of relationships which in earlier decades were non-marital relationships and who, therefore, were given up for institutional care and, in many cases, for adoption or fostering out. When international organisations examine Ireland's legacy, it is important that they also recognise the progress that has been made by all parties in this House and by civil society in addressing a series of issues which are a legacy of an earlier period. I am proud to be a member of a Government that is currently implementing a redress scheme for the women who were in the Magdalen laundries. From the point of view of my Department, which is significantly involved in providing payments and income supports to the women who were in that situation, it is very satisfactory that work in this regard is proceeding apace.

In regard to the issues arising around fatal foetal abnormalities, the Deputy will be aware that some time ago the Government legislated successfully in regard to the X case. That is reflected in our legislation and is an issue that both parties in Government have addressed. In regard to fatal foetal abnormalities, I am on record as stating that I would like to see a situation where it is possible to address them.

As of yet we do not have agreement on that in the programme for Government. It is a personal position and I have been on public record in this regard over a long period.

Comment on this

I know we have legacy issues and it is very uncomfortable to consider past failures in hindsight. We are asking how we allowed such things to happen and who was in power at the time, but will the pattern be repeated by people in power now, and will we have the same conversations in 30 years?

Comment on this

The same committee might then be reviewing how the country dealt with issues like fatal foetal abnormalities, for example, or people who have been raped or subject to incest and who have been denied their human rights. The Tánaiste indicated her personal views are on the record but I ask her as Tánaiste - deputy leader of the country - and the leader of the Labour Party for her position on the issue.

I went to Liverpool Women's Hospital with people who were part of a study group on fatal foetal abnormalities. People were put through a tortuous process where, for example, they would have had to retrieve the remains of a baby they wanted by way of something like DHL delivery, which is absolutely appalling. It is inhumane and we cannot rely on a 31 year old referendum decision, presuming that people have not moved on when so many events have taken place in this country. We need a referendum, as the Tánaiste knows, if we are to change that position. Does the Tánaiste accept we need a referendum and will she commit to working towards such a referendum?

Comment on this

There has been an extensive process with the Constitutional Convention, which considered various issues and reported findings. As I pointed out, the Government and the Dáil has dealt with issues arising from the X case. Those had been unresolved over a very long period of years. We want a position in Ireland where every baby is a wanted baby. The Deputy spoke about cases and the people she accompanied in Liverpool, and those are tragic circumstances as the babies are wanted but their life outcomes were in doubt because of medical issues.

It was referenced in Geneva that on a previous occasion, the Irish people gave a view - as was their entitlement - on what they wanted reflected in the Constitution. I did not share the view at the time and my party and others like me recommended voting against the amendment to the Constitution. As a democrat, the Deputy must recognise that the people voted for the eighth amendment to the Constitution. The Government has legislated for and dealt with issues surrounding the X case, which has been a difficult issue in this country over a very long period. That is what was agreed in the programme for Government.

Comment on this

So the Tánaiste will not agree to a new referendum.

Comment on this