Eighth amendment referendum timing
Mary Lou McDonald pressed for no further delay in advancing the referendum after the Supreme Court judgment clarified matters. The Taoiseach said the Attorney General needed time to study the judgment and stressed the need to get the constitutional process right.
The Supreme Court has spoken and its decision is unanimous. Its judgment clears the way to advance the referendum on the repeal of the eighth amendment to the Constitution. I understand the Taoiseach had a correct concern for legal clarity before advancing the legislation and that, correctly, he did not wish to pre-empt or even create an impression of interfering or seeking to interfere with the decisions of the courts. Now, however, matters have been clarified and there is no reason or basis for further delay.
As the Taoiseach knows, the eighth amendment represents a real and ongoing threat to the health and lives of Irish women. Our recent history is marked with so many tragic episodes of that hard reality. The eighth amendment has cast a shadow on medical practice. It places the threat of criminal sanction against doctors for making medical decisions in the best interest of their patients. It has to go. The eighth amendment is a relic of an Ireland of the past, yet it restricts the rights of women in the here and now and profoundly affects our welfare. It should not have been introduced into the Constitution in the first place.
The first piece of the puzzle facing us is the publication of the referendum Bill. Now that we have legal clarity and given the unanimity of the Supreme Court decision, I put it to the Taoiseach that the Cabinet needs to meet the Attorney General on this matter today and the legislation for the referendum ought to be published today. When the Business Committee meets today, it should schedule a debate immediately, starting tomorrow. We should have a full day's sitting on Friday to advance this legislation because time is not on our side.
We all appreciate that we need to create a better Ireland for our sisters, daughters and women. This is an opportunity to ensure that we never again allow women to be faced with the injustice and degradation that generations have gone through. Of course, the referendum is about the whole of Irish society coming together and saying women are entitled to their fundamental right to health care. We have an historic responsibility to establish this right. Respect and compassion for women must prevail. It is time to trust women. It is time to allow doctors to do their job, and it is time for us, as legislators, to do ours.
We have an important responsibility to pass the legislation on the referendum in a timely fashion. Will the Cabinet meet today to discuss the judgment and receive the advice of the Attorney General? Can the referendum Bill be published today? Can we commence the debate tomorrow and have a full day's sitting on Friday?
Comment on this
The Supreme Court issued its judgment this morning in Limerick. The Attorney General has asked for the remainder of the day to study that judgment. As Deputy McDonald rightly pointed out, it is important that we get this right. As Deputy Micheál Martin pointed out yesterday, it is important that we dot the i's and cross the t's. We do not want to make any unforced errors when it comes to a referendum on changing the Constitution. Therefore, the Attorney General has asked for the remainder of the day to consider the written judgment. I have agreed to that. The Cabinet will meet tomorrow at 11 a.m. to hear his advice. It is our intention to publish the referendum Bill tomorrow, with the possibility of its being discussed in the House tomorrow night or, if not tomorrow night, on Friday. I understand the Business Committee will meet tomorrow after the Cabinet meeting to discuss whether there will be a Friday setting or whether the Bill will be discussed on Thursday night. The publication of the Bill and its introduction in this House will allow us to establish formally a referendum commission for the referendum, which can begin its important work almost immediately. That is certainly what I wish to do.
This is going to be a profoundly deep and difficult debate for many people in this country. It is my strong wish that it be a respectful debate and one that is never personalised. I know everyone in this House will want to show leadership in that regard and ensure the debate is respectful of all sides and opinions because people are entitled to their personal opinions on this deep issue of conscience. Above all, the referendum will be about asking the Irish public to change our Constitution – our basic and most fundamental law – to say that we, as a country, people and state, trust women to make these decisions for themselves and to decide in the early weeks of pregnancy whether they want to be pregnant and whether they are able and willing to be mothers. It is also a question of trusting our doctors to determine later in pregnancy when it is medically appropriate for a termination to occur. That is fundamentally the question we will ask the Irish people to answer, ideally with the co-operation of the House, before the end of May this year.
Comment on this
Like every Member of the Dáil, I am sure, I share the Taoiseach's wish that the debate be measured, informed, respectful and enlightening. That is our wish. For our part, we will do everything to set that tone. I appreciate the Taoiseach's comments in that regard. I appreciate that the Taoiseach does not want to make unforced errors or to rush but I have to put it to him that this subject has been marked in our political history not by urgency or rushing but by delay, prevarication and a lack of willingness to act decisively. We need to turn that corner too. I appreciate that the Attorney General has to do his job in a methodical and thoughtful fashion. I ask the Taoiseach again, however, to consider the timetabling with a sense of purpose and urgency. If the legislation can be published sooner than tomorrow, it should happen. Certainly, the debate ought to commence on Thursday. We need a full day's sitting on Friday.
Comment on this
The Deputy is correct that there have been delays and obfuscation regarding this issue down through the years. There were unacceptable delays in legislating for the X case. There were delays in allowing for a referendum and legislation to allow people to have access to information and to underline the right to travel. The Deputy is correct that there have been long-standing delays in dealing with this difficult issue. When I stood up here on my first day as Taoiseach, however, I said this matter would be one of my priorities. I tasked the Minister for Health, Deputy Harris, to bring forward proposals for a referendum. I said there would be a referendum and that it was my intention to have it before the summer of this year.
With regard to my role in this, nobody could accuse me, as Taoiseach, of causing any undue delays on this issue but I do not want to make any mistakes either. When the Attorney General asks for a day to consider the written judgment, the Attorney General will get a day to consider the written judgment. I agree with the Deputy, however, that if we can have the Bill in the House tomorrow night, we should. If not, we should have a full session on Friday.