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Seanad
‹ Order of Business

Leaked abortion expert-group report

Summary

Senators condemn the leaking of the abortion expert-group report and call for a respectful Seanad debate after its publication. They disagree over whether legislation, consultation, or a referendum should follow the A, B and C judgment.

I ask the Leader to convey to the Government our deep dissatisfaction at the selective leaking of the report by the expert group on how the State is to proceed on the abortion issue. The Cabinet is considering the issue today, and rightly so. I am calling for a reasoned, respectful debate on the issue which I am certain we will have in the House, but I am gravely concerned and annoyed at the fact that the report has been played out in the media in the past four or five days in every newspaper and on every radio and television station before Members of the Oireachtas have had an opportunity to look at it. That is outrageous and disgraceful. Through the Leader's good office I call on the Department of Health to carry out an investigation into how many individuals had the report and who leaked it. This was a closely guarded report, rightly so.

It is probably the single most serious social issue that the Houses of the Oireachtas will deal with, yet the print media and broadcasters have discussed the report before any of us has even had an opportunity to read it. The individual or individuals who leaked it should pay with the loss of his, her or their jobs. This undermines the democratic process, the reason that the Oireachtas deals with such matters. I am certain that we will deal with this matter in a way that respects other people's positions and views. We will debate it in a proper and reasoned way. However, that the report is being discussed by commentators across the country before it has been examined by Deputies, Senators or even the Cabinet - it will do so today - is disgraceful. Will the Leader pass on my party's grave concerns in this regard and ask the Government at the highest level to instigate quickly an independent investigation into who is responsible? I thank the Cathaoirleach for indulging me, as it was important to point out this undermining of the democratic process.

I wish to ask the Leader about the Greek deal. I welcome the fact that Greece has received an extension in the terms of its debt repayment. In fact, it is a further write-down in Greece's debt and, if I may use the word, a "zeroisation" of the interest rate, something that I have been calling for our banks to do in respect of mortgage holders. The comments by the Minister, Deputy Noonan, are interesting. He stated, "This is a special and particular case. There isn't a crossover into Ireland's affairs." From listening to every senior Minister and the Taoiseach, I had the clear understanding that we were special. Clearly we are not as special as Greece. I cannot understand it. I have questioned the Minister and the Minister of State, Deputy Brian Hayes, in the Seanad about Ireland's negotiating position. I even asked for a broad outline. Let us trust the people and the Seanad with some degree of intelligence and tell them what the Government is seeking. Is it the case that, as the Taoiseach stated in July, we will repay all of our debts and are not seeking a write-down? Why is Greece a "special and particular" case according to the Minister? Are we no longer special to Frau Merkel?

I welcome the Greek deal. It is important and realistic, although it will result in hardships for the Greek people. That said, where is Ireland in the discussion? I ask that, following the budget, we hold a specific debate to try to elicit real answers from the Minister for Finance.

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I welcome the fact that the expert group's report will be published this afternoon. I am glad that both Houses will have an opportunity to debate it. It is essential that a swift decision be made by the Government on the action to be taken on foot of the report. It would be surprising if the report recommended anything other than legislation, given the fact that, in the X case in the Supreme Court 20 years ago, Mr. Justice Niall McCarthy set out the need for legislation to clarify for doctors and women the circumstances in which life-saving terminations of pregnancies or abortions could be carried out. It is essential that we seek action swiftly on legislation to ensure that there are no further deaths of women in circumstances like those of Savita Halappanavar.

There has been an unsavoury debate on the question of suicide risk. It has been rather demeaning and dismissive of women to suggest-----

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We are not having the debate now.

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-----that they might somehow fake a suicide risk to obtain an abortion. I am sure that we will have-----

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We have not seen the report.

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There has been a debate in the public arena.

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Yes. That is the problem.

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Paddy Burke An Cathaoirleach Fine Gael

Does Senator Bacik have a question for the Leader?

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We need to ensure that when this House debates the expert group's report in the coming weeks, our debate is conducted in a way that is respectful of women and everyone, whatever their views on abortion. Clearly, the report will simply address the need to implement the A, B and C judgment. These were its terms of reference.

At some stage in the new year, will the Leader arrange for a debate on the Middle East? There has been a great deal of discussion about Gaza on the Order of Business. We were all concerned to see the terrible civilian casualties in Gaza in recent weeks, particularly the horrific killing of nine members of one family, including a number of children. For a long time, many of us have raised the appalling humanitarian conditions endured by the citizens of Gaza, who are under constant threat to their livelihoods and health.

We would like to see a long-term resolution. Although all of us welcome the ceasefire brokered last week through Egypt, a long-term resolution based on two states is clearly required. Once elections in Israel are over in January next year, we might invite the Minister for Foreign Affairs and Trade or a Minister of State before the House to discuss the prospects of a more long-term resolution. Many Members on both sides of the House would be interested in such a debate.

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I agree with Senator Darragh O'Brien's comments about the unfortunate way in which the expert group report was leaked. I ask the Leader for an early debate in the Seanad on the content of the expert group report. It is very unsatisfactory that this has been leaked and we have not had an opportunity to comment on its strengths, flaws or what has been included or excluded. I share the calls for a reasoned and respectful debate but there are important issues at stake.

One of the tragedies of this issue is that the Seanad debate could end up as a sham if the Government rushes into a decision and seeks to engage in the pretence of consultation with each House while allowing itself to be manipulated on the back of a Galway tragedy that is extreme into legislating for abortion in potentially very wide circumstances. I am specifically referring to the medically unverifiable suicide grounds. I disagree with Senator Bacik that the Government should make a swift decision. Everybody agrees that women deserve, need and are entitled to all necessary life-saving treatment but when it comes to a threat of suicide, it is not that people do not seek to act in good faith-----

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Paddy Burke An Cathaoirleach Fine Gael

Is there a question for the Leader?

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I am asking a question on the basis. With regard to the threat of suicide, a psychiatrist has a difficulty in identifying whether a person is suicidal. There is another hurdle if it is to be deemed that a woman is suicidal because a woman is pregnant, and in an opinion of whether an abortion would make the case better or worse. This is not good medicine but rather signing away the life of an innocent person on the basis of an opinion.

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Paddy Burke An Cathaoirleach Fine Gael

Is there a question for the Leader?

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David P.B. Norris Senator David Norris Independent

I may not agree with the Senator but he should not be interrupted. I ask for direction from the Chair. On a point of order, is the Order of Business confined to questions to the Leader, as the Cathaoirleach has repeatedly implied? I do not recall that precedent being established.

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Paddy Burke An Cathaoirleach Fine Gael

It is to decide on the Order of Business for the day. We are not to discuss the topic raised by Senators.

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David P.B. Norris Senator David Norris Independent

I greatly appreciate that clarification.

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Paddy Burke An Cathaoirleach Fine Gael

I am asking if the Senator has a question for the Leader.

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David P.B. Norris Senator David Norris Independent

It is not just confined to questions but will take in the business of the day.

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Paddy Burke An Cathaoirleach Fine Gael

Does the Senator have a question for the Leader?

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I thank Senator Norris for raising the issue. I note the Cathaoirleach did not interrupt Senator Bacik when she made the points she was entitled to make.

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David P.B. Norris Senator David Norris Independent

Yes.

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I was doing no more than responding to those comments, expressing my deep concern that the Government would be allowed, on the back of a very tragic case, to be manipulated into a swift decision that has nothing to do with good medicine and could open the door to abortion on demand.

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It would hardly be swift after 20 years.

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In fact, it will.

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Paddy Burke An Cathaoirleach Fine Gael

Is the Senator seeking a debate on the issue?

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Yes. In considering what the expert group had to say, it does not seem to have made any reference to the possibility of consulting the people. On a matter this grave, it would seem that is a very significant omission. That must also be discussed.

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