Repeal of the Eighth Amendment
Paul Murphy links the marriage-equality referendum to wider social change and asks the Government to commit to a referendum repealing the Eighth Amendment and permitting abortion access. The Taoiseach says the constitutional wording reflects a previous referendum and that the Government’s legislation followed the Supreme Court’s interpretation; he rules out a repeal referendum during the administration’s lifetime, citing the issue’s sensitivities.
Last Friday, appropriately, was Harvey Milk Day, the day that would have been the birthday of the assassinated gay rights activist. His observation that "rights are won only by those who make their voices heard" was borne out with the count on Saturday, because it was those who made their voices heard who won the referendum. It was those LGBTQ campaigners who have fought and campaigned for equal rights over decades. It was those who spoke to friends and family and who spoke out publicly. It was those who wore badges to make their voices heard. It was those who campaigned door-to-door in the streets and on social media. It was the tens of thousands who came home to vote to demand a break from the oppression of the past. Together, these people made up a powerful social movement that has changed this country. At the forefront of that movement were young people and working class communities who turned out massively to vote "Yes".
The result is a massive step forward towards equality. The movement for change that has been unleashed will not stop now, but will continue. People will demand an end to all discrimination, to all homophobia and will call for full equality. They will demand that Ireland becomes a modern, progressive and secular society, where people's religious beliefs are respected, but where no church has control over the laws of the State or the provision of education, health care or social services.
The choice now for all political parties is how to react to the change that is happening. Will they be carried along with it or will they try to stand against and resist it? The traditional hiding place of the establishment, behind a supposedly conservative silent majority no longer exists. The choice now is clear and the Taoiseach has a choice to make about what the Government will do. Will he go along with the change? Will he remove the clause in the Employment Equality Act which allows schools or hospitals run by religious orders to discriminate against LGBTQ or atheist people? Will he end the ban on gay and bisexual men giving blood? Will he take on board all of the criticisms from the trans-community of the Gender Recognition Bill and ensure it is passed by both Houses before the summer break?
Finally, will the Taoiseach now hold a referendum to repeal the eighth amendment of the Constitution, to end the barbaric situation where a woman who has chosen to terminate a crisis pregnancy - even in the tragic eventuality of fatal foetal abnormality - or a doctor or anybody else who helped her could be jailed for 14 years?
Comment on this
I thank Deputy Murphy for his comments. I was very happy to see the extent of the result of the referendum on Friday in respect of the equality of marriage. This was an extraordinary result, driven by the conviction, belief and enjoyment of so many new people involved in politics. It demonstrates the importance of politics, the power of the vote and the influence of people driven by a sense of belief and conviction for change. This is heartening and encouraging for the thousands of people of the gay community who now stand with equal status in terms of civil marriage with all other people in the country. This big message from a small country has now gone out worldwide.
There are changes being examined and considered in respect of the equality legislation in regard to the issues mentioned. With regard to the repeal of the eighth amendment of the Constitution, I do not believe this House should be rushed into a situation that is as sensitive and personal as elements of fatal foetal abnormalities and other issues. I know an Oireachtas committee is considering hearings in the late autumn in respect of this matter. The difference between this and the referendum is that in respect of the referendum on the equality of marriage, people were able to point out exactly what the consequences would be - that if the referendum was passed, this would be the situation that would apply in law. Believe me, from experience over many years, it is not possible to be as clear in respect of a concept of changing the eighth amendment of the Constitution.
For that reason, the excitement of change created by the vote of the people, and it was the Government that decided to put the referendum to the people by popular vote, is an entirely different matter. We are talking about an issue that is not as clear or as simple as it might sound. The referendum on marriage equality and rights for gay and lesbian people was about living, love, commitment and dedication. A repeal of the eighth amendment of the Constitution, empathising with the very many tragic stories I have heard, deals with other elements that are not clear at all. I will not be rushed into considering these matters because we had a referendum last weekend that was very positive. This requires the most careful consideration by whoever is elected to the House here in the next Administration.
Comment on this
Last Friday, and the result on Saturday, was a cry for social change, equality for LGBTQ people and an end to discrimination, but it was more than that. It was a cry for a different type of society. There is a sense that society has changed fundamentally and that social change has taken place. It was reflected in the referendum, and the referendum result is now an active factor in giving people confidence that more change can be won and that if people continue to mobilise we can create a very different type of society, and central to that is the question of the eighth amendment of the Constitution. It is incredible for a Government that has been in power four years to say that repeal of that amendment would represent a rushing of the process. Twenty thousand women have travelled for abortions in the course of this Government's term.
Comment on this
We know about the tragic case of Savita Halappanavar. We know about the horrific case of Miss Y. It is quite simple. Repeal of the eighth amendment would remove a constitutional ban on abortion and allow a Government to legislate for abortion in whatever circumstances that Government considered. I am in favour of the full right of women to access abortion but, at the very least, the Government should commit to repeal the eighth amendment. It should not hide behind the need to have another election or use it to try to get votes in an election. The Government should commit now to having a referendum in the course of this Dáil term. We should have it. We will campaign and win a "Yes" vote, and we should then legislate for abortion rights in this country.
Comment on this
What Deputy Murphy forgets is that the people voted in a referendum and determined the wording in the Constitution. That wording was interpreted by the Supreme Court many years ago, and no Government in the intervening period did anything about that. This Government legislated for the protection of life during pregnancy in the Protection of Life During Pregnancy Bill based on the Supreme Court's interpretation of what the people wanted inserted in the Constitution following the referendum. Believe me, Deputy Murphy, it is not a case of saying we should have another referendum next week. I will not do that, and there will not be a referendum on this issue in the lifetime of this Government. I am saying to the Deputy that this issue deserves the most serious consideration. I do not believe in abortion on demand but there are very sensitive stories in respect of-----
Comment on this
-----fatal foetal abnormalities and other issues. However, it is not a case of simply repealing the eighth amendment and that everybody will be happy afterwards. If we were to be rational about what we do in this House, there are great sensitivities that must be carefully considered and, therefore, there will not be a referendum to repeal the eighth amendment during the lifetime of this Administration.