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Dáil
‹ Leaders' Questions

Eighth amendment referendum

Summary

Deputy Mary Lou McDonald urged an early referendum on the eighth amendment, arguing that delay had long denied women dignity, rights and services. The Tánaiste defended the Government’s approach, said the issue required careful discussion, and pointed to the Citizens’ Assembly and forthcoming Oireachtas committee process.

Yesterday the Tánaiste’s Cabinet colleague, the Minister for Children and Youth Affairs, Deputy Zappone, voiced her support for a date to be set for a referendum on the eighth amendment. It is welcome that a senior Minister has publicly backed calls for a referendum to be held as soon as possible.

The eighth amendment and its consequences impact on thousands of women. It affects women and their families in every corner of this State. For far too long, women have been denied dignity, respect and basic services. They had their voices silenced and their rights denied. We cannot be silent any longer. Up to ten women and girls leave this State every day to avail of terminations abroad. That is the reality. These are not just women on a spreadsheet or in a news report. They are our sisters, our mothers and our friends. We cannot continue to fail them. The eighth amendment is a relic of the past. It has to go and be replaced with compassion.

A recent report published by the UN Human Rights Committee found that the constitutional clause, which bans abortion for women carrying a foetus with a fatal abnormality, subjects women to cruel, inhuman and degrading treatment. Sinn Féin, for its part, supports the right of a woman to seek termination of pregnancy where her life or mental health is at risk or in grave danger. We also support the choice to terminate pregnancy in the cases of fatal foetal abnormality, rape or incest. This requires a referendum and a repeal of the eighth amendment. It would also require the enactment of new legislation to allow for terminations in these cases.

By establishing the Citizens’ Assembly, the Government attempted to shirk its responsibility to address this most important matter. It was an attempt to block the Dáil from dealing with the eighth amendment and to stifle the obvious demand for a referendum as soon as possible. The Government’s political interests were placed ahead of the needs of women. Now that the assembly has concluded its deliberations on the eighth amendment, it is clear that people are not willing to stand for this treatment any longer. The assembly’s recommendations demonstrate a clear appetite for reform and change of the current situation regarding access to terminations. What is also clear is that there cannot be any further delay and any more kicking the can down the road on the part of the Government. The Oireachtas needs to do its job. We need to debate the issues and put the issue of the eighth amendment to the people in a referendum.

The women of Ireland need to know when this issue will be put. They need to know the Government’s mindset on the timing. Does the Tánaiste agree that a referendum should be held in the earliest possible timeframe? When will the Government allow for a referendum to be held? When will the people finally have their say on the eighth amendment?

Comment on this

I do not agree with the Deputy's comments on the Government’s approach to this issue. I was proud to be a member of the Government which dealt with the Protection of Life During Pregnancy Act. The issues addressed in that Act had not been on the floor of this House, or had not been dealt with, until the previous Government decided to deal with them, as had been recommended by the Supreme Court many years previously.

This is a delicate and difficult issue for every individual and society as to what exactly the legislative framework ought to be. What we have had is a helpful and an important Citizens’ Assembly which addressed this issue and arrived at certain conclusions. That is the opinion of the Citizens’ Assembly. It is important we listen and examine carefully and await the final report in June on its deliberations. We will all learn quite a lot from reading the detail of its deliberations, once we receive the report. That was an important procedure with which Deputy will agree.

Where to from there? The Government has been clear that a committee will be established with all parties and Independents represented on it. That will take place over the next several months. Then the Dáil has to take decisions. I expect there will be a referendum after that. A clear process has been laid out in terms of the deliberations of this House. It is a different procedure to decide on legislation as opposed to hearing the opinions of the Citizens’ Assembly. No doubt, we will all take that into account.

Framing legislation in this area and what might replace the amendment is a complex issue. It demands the kind of approach the Government has laid out which involves the Dáil committee specifically examining it, and then the Dáil deciding where to go after that. There are timeframes laid out for that.

Comment on this

This issue, perhaps like no other, has been marked by the politics of delay and of hypocrisy, as well as a politics that suggests women must wait. It is 25 years since the X case when a raped and traumatised child was dragged through our courts. Since then, as the Tánaiste knows, we have had an alphabet soup of tragedy and maltreatment of women, story after story piled high. Yet the political system stood still and looked the other way.

This politics of delay cannot be tolerated any longer. The Citizens’ Assembly was intended as a vehicle of political management rather than attaining any real clarity or result. The committee will be established but that too must work expeditiously. We must have a clear sense of when the referendum will be put and when people will have the opportunity to repeal the eighth amendment. The Tánaiste’s colleague, the Minister for Children and Youth Affairs, Deputy Zappone, has no difficulty in stating her preference for an early referendum. Simply, will the Tánaiste confirm and clarify that this is a view shared by the Government?

Comment on this

It is in Irish women's interests that we move forward with this issue and consider the legislative approach we want to take. We have a bad history when it comes to women's reproductive rights. Quite clearly, we are at a point where further and detailed discussion is needed. As I said, no country in the world finds it easy to decide on the exact parameters around this issue or how it should be approached.

Clearly, the Government has set in motion an approach which involves a Dáil committee and will involve representatives of every Member across the House. It behoves every Member on this committee to come back to the Dáil, so decisions can be taken. There is a timeframe of a number of months for this committee. At that point then, the Government will take an overall approach.

My own belief, as I have often stated, is that the Constitution is not the place to deal with these complex issues. I believe a referendum should be held as early as possible.

Comment on this