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Dáil
‹ Order of Business

UN abortion rights finding

Summary

Deputies seek the Government’s response to the UN Human Rights Committee finding that Ireland violated a woman’s rights in a fatal-foetal-abnormality case, and press for repeal of the Eighth Amendment or a citizens’ assembly. The Minister expresses sympathy, says constitutional change requires an amendment, and defends the planned citizens’ assembly, while the Chair limits further exchanges.

How does the Government propose to deal with this morning's groundbreaking international decision issued against Ireland by the UN Human Rights Committee where Ireland, as a state party to the International Covenant on Civil and Political Rights, was found guilty of violating the human rights of a woman who was denied a termination in the case of a fatal foetal abnormality? Not only is the Government, in the statement, obliged to provide her with an effective remedy, including compensation, but it is obliged to prevent similar violations in the future. Will the Minister confirm that the Government will be awarding compensation to the woman in question, and what steps will it take immediately to ensure human rights are not being violated by addressing the legislative shortcomings including, as suggested by the UNHRC, the amendment of our Constitution in regard to the eighth amendment?

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On the same issue, when will we see the citizens' assembly? When will the membership be known, and will it be mandated to recommend a referendum on repealing the eighth amendment?

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Does anyone else wish to speak on the same issue?

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On the same issue, as a new Deputy and having heard the report of the UN committee today, will the Minister answer the question posed by Deputy Daly? I will not repeat the question but I will repeat what the UN's latest report has found, which is that Ireland's abortion ban subjects women to discriminatory, cruel and degrading treatment and it has called on Ireland to legalise the practices for pregnancies involving fatal foetal abnormalities. I listened to the Taoiseach last week misquote what has happened regarding various amendments to the Constitution.

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We cannot get into that at this point.

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In that context, it is important that the voices of women are heard in this Chamber in regard to-----

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It is absolutely important but not in this way at this time.

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I respect that but it is in regard to correcting the record and getting an answer from the Minister on the damning indictment of Irish law in this area.

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Does Deputy Collins wish to raise the same matter?

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Yes. Following on from that question, and I would like the Minister to reply succinctly to Deputy Daly's question, I do not believe we should go to a citizens' convention on this issue. We discussed the issue in great detail in the previous Dáil and we should move quickly now to repeal the eighth amendment.

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Members should ask questions, not make statements.

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Will the Minister indicate if the Government is prepared to do that?

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On the issue raised by Deputy Daly and in view of the new politics in the Dáil, will the Minister indicate if the views of other parties will be taken on board? I reiterate what was said by Deputy O'Reilly about the need to have that discussion in the convention as soon as possible in order that we can address the issue in regard to the eighth amendment.

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I have not had the opportunity to see the report from the committee on human rights but I absolutely sympathise with and understand the concern of Deputies for any woman with a fatal foetal abnormality. I obviously cannot answer for what action the Government will take on foot of this finding. As the Deputy knows, change in the area requires an amendment of our Constitution, as Deputies have indicated. In the programme for Government, we have set out an approach where there will be within six months the establishment of a citizens' assembly. It will not have a specific mandate to reach any particular conclusion and it will obviously be open to the citizens' assembly to examine all the issues and come back to the Oireachtas.

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That is not acceptable.

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The Oireachtas will of course have the final decision in this regard.

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In the meantime, women wait.

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One of the experiences-----

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Seán Sherlock Deputy Sean Sherlock Labour Party

This is a citizens' assembly.

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I am allowed to respond to the questions.

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Yes, please do.

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In the last Dáil there were hearings with expert advice. That allowed Deputies to see in a dispassionate way how difficult issues can be handled and it was of benefit to the Oireachtas. It had an impact and we know some Deputies could not accept it but that process allowed the Dáil to reach conclusions on an issue of the recognition of constitutional rights being converted into law that no Government had broached in previous years. The approach outlined is right-----

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On a point of order-----

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No.

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It is not acceptable for the Minister to say he cannot answer for the Government.

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Excuse me, Deputy Daly.

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It is not acceptable when speaking about an issue of international human rights legislation.

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