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Seanad
‹ Order of Business

Eighth amendment and abortion case

Summary

The Cathaoirleach clarified the day's Bill would also include Final Stage, then Senator Ruane raised a disturbing case of a teenager sectioned after seeking an abortion. Senator Bacik agreed, urged a referendum on repeal of the eighth amendment, and said legislation must be prepared for the outcome.

Denis O'Donovan An Cathaoirleach Fianna Fáil

Just before Senator Ruane comes in, it may be of some relevance that the Leader's proposed No. 1, Adoption (Amendment) Bill 2016 - Report Stage, should also include Final Stage. That is just to clarify.

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I wish to raise the horrifying case reported over the weekend concerning the young teenage girl who was sectioned and detained in a psychiatric unit under the Mental Health Act for requesting an abortion last year. The girl and her mother thought they were going to Dublin for an abortion and she was sectioned instead. This is nothing short of institutional coercion of a vulnerable young woman.

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David P.B. Norris Senator David Norris Independent

Hear, hear.

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She lost her freedom and her right to bodily integrity. This shows what a complete failure the Protection of Life during Pregnancy Act 2013 has been in respecting the human rights of women in this country. The girl qualified for a termination under this legislation and was denied one. I would also like to read a comment from the then Minister for Health, Senator James Reilly, who stated, during a Dáil Committee Stage debate on the Protection of Life during Pregnancy Bill in 2013, "the very notion that one could section a woman who is expressing suicidal ideation but is not depressed to keep her confined for the duration of her pregnancy would be utter anathema and would not be tolerated or countenanced".

It is truly extraordinary, given recent media reports, that we should be so naive as to think people will ultimately do the right thing in such circumstances. I call on the Leader to give a concrete date for the first meeting of the eighth amendment committee. This is the impact of the eighth amendment on vulnerable young women, who are treated inhumanely by the State in the name of that amendment. It needs to end.

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I would like to wish the Taoiseach well on the day he is resigning and I also wish the incoming Taoiseach well.

I agree with all that Senator Ruane said. I think the first priority for the incoming Taoiseach must be to set a date for the holding of a referendum on the repeal of the eighth amendment. I am delighted that the committee is being established. It is important that the committee would do its work and consider what sort of legislation might be introduced were a referendum on repeal to be passed.

We have heard about several cases this week, particularly the appalling case Senator Ruane described of the young girl who was denied a termination of pregnancy and who was sectioned in circumstances where she and her mother understood they were being offered a termination of pregnancy. That appalling case alone would be enough to warrant the holding of an urgent referendum on repeal. On top of that, however, the United Nations Human Rights Committee has today issued a second decision to hold Ireland in breach of human rights law for failing to offer any sort of compassionate response to a case of fatal foetal abnormality. I am referring to the case of Siobhan Whelan, the Wexford woman whose treatment, if one reads the decision of the UN Human Rights Committee, was appalling. She was treated with an utter lack of compassion by all the health professionals in Ireland with the exception of one locum doctor. She was eventually offered the termination of pregnancy she sought on foot of the very harrowing and cruel diagnosis of fatal foetal abnormality in Liverpool, not in Ireland. The UN Human Rights Committee described her treatment as cruel, inhumane and degrading. We are told again, as we were last year in the case of Amanda Mellet, that our laws are simply not good enough for women.

The UK Department of Health has today published statistics which show that, last year alone, 3,265 Irish women travelled to the UK for abortions. This has to stop. We have to stop exporting these most harrowing and tragic cases, we have to stop exporting thousands of our women and we have to repeal the eighth amendment.

I think the key priority for the incoming Taoiseach must be to set a date for the holding of the referendum. The members of the Oireachtas committee can then discuss what follows and what replaces the amendment in terms of legislative provision for abortion in line, for example, with the recommendations of the Citizens' Assembly. The clear need for holding the referendum has been laid out. It needs to be held, I would say, by the end of February or early March of next year. I think that date should be set. There is a growing momentum around the realisation that the referendum is necessary. Successive generations of Irish women, my own included, have been failed over decades. It is time we stood up and said that no more children be detained and no more women be denied the compassionate services they require here in Ireland. We need to act now. I call on the incoming Taoiseach to do that.

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