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Seanad
‹ Report of the Joint Committee on the Eighth Amendment of the Constitution: Statements

Not black and white

Summary

Senator O'Sullivan says the issue is complex, urges a renewed public discussion, and recalls the harms of criminalisation, demonisation and restricted contraception. She warns against repeating the hostility of past campaigns and says changing facts should change minds.

This topic is very difficult for many of us to discuss. In spite of how it is so often represented in public debate, it is not an issue of two sides, black or white, but rather a complicated and multifaceted one that involves both personal conviction and ethics as much as facts and details. This is unavoidable when it comes to something as significant and important as abortion.

It is now well beyond time for the people of Ireland to have this discussion again. As Senator Lynn Ruane said, we need to move on. As has been said so many times, nobody born after 1965 has had their say on the substantive issue of the legality of abortion and that probably includes the Minister for Health, Deputy Harris.

The tragic death of Ms Savita Halappanavar pushed the issue back into public consciousness and highlighted to the general public what activists and those working in the area have known for so long - that the current constitutional arrangements around abortion law in Ireland are dangerous to women, do not prevent abortions occurring and are by definition an Irish solution to an Irish problem. Ms Halappanavar's death has meant that the long period of sweeping this issue under the carpet is over and a new generation of Irish citizens are swelling the chorus of voices for a better more humane and realistic regime.

The experience of the Citizens' Assembly and the Joint Committee on the Eighth Amendment illustrate both the changing attitudes of the Irish people to these issues and the way in which minds can be changed. The Green Party was instrumental in having the issue placed on the agenda of the Citizens' Assembly, offering the Government support in the Seanad and the Dáil. This was controversial at the time but the correctness of the approach has been proven. The outcomes of both committees has seen the power of facts, details and the health needs of women brought to the fore and some members of both bodies changed their minds and their positions in the face of these facts. I pay tribute to the hard work of members of this committee, in particular to my colleague, Senator Lynn Ruane, whose experience, passion, dedication, clarity and effectiveness have been so impressive. Such a process can never be entirely amicable and without controversy, but the professionalism, fairness and decency shown by participants and in particular by the chairs of both processes, Senator Catherine Noone and Ms Justice Mary Laffoy, offers a model in constructive deliberative politics. Changing one's mind is not a crime, even in politics. The brave testimonies of those such as my colleague, Senator Ned O'Sullivan, are to be commended for their humanity and understanding.

As with some other |Members of the Oireachtas, I need to give more consideration to every single one of the conclusions of the committee, but I am heartened that the central recommendations are those that I believe are most needed. A straight repeal of the eighth amendment by referendum is the best outcome for the country, for the health of pregnant women in Ireland and for us a Republic. As Senator Swanick said, we need as a society to start trusting women and that involves tackling the hypocrisy at the heart of our current system, with thousands of women travelling to the United Kingdom or elsewhere to have abortions, and thousands more availing of abortion pills online. These women are putting themselves through significant emotional and financial distress and are risking breaking the law in order to seek medical care and a solution to their crisis pregnancy. This puts the lie to the idea that any person would engage lightly in such matter or use abortion as contraception. Let us put an end to that idea right here and right now.

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Instead of receiving the support and assistance of their State in their time of need, they have faced criminalisation, demonisation and isolation. At the same time we put the eighth amendment into the Constitution we severely controlled access to contraception in Ireland. We are rightly contemptuous of that regime now and one would be hard pressed to find anyone to defend it. Similar arguments to maintain the status quo had to be tackled, campaigned against and dismantled in order to give Irish people the right to decide their own destiny.

Observing the process in the Citizens' Assembly and the Oireachtas joint committee, it became clear that the overwhelming majority of medical opinion maintains that the eighth amendment does not work. It does not work for pregnant people in medical care as we saw with Savita Halappanavar, Ann Lovett and all of the individuals who were mentioned by Senator Ó Ríordáin who were dragged through the courts for trying to exercise control over their bodies. The provision does not work for medical professionals. It leaves them in a legal limbo and unfree to offer the assistance they consider necessary.

I have learned so much from observing these processes over the past month. I learned that the 12-week limit is one based on fact. I also learned that testing for conditions such as chromosomal abnormality is not possible before that time and is thus not relevant for this part of the debate. These relevant facts must form the basis of public debate in advance of the referendum.

This campaign will be difficult. I was not in Ireland in 1983. Instead, I was on Greenpeace vessels that sailed around the world to tackle nuclear waste. From what I heard about the 1983 campaign, I think what I did was a lot easier.

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No, it was not.

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We must avoid the divisions and hostilities of that campaign. There is an obligation on all of us to keep the debate respectful, to understand the points of view of those who do not agree with us and to remember that the views of the people are neither set in stone nor as polarised between two mythical poles as might seem from the debate to date.

One of my favourite political quotes has been on my mind this week and it is as follows: "When the facts change, I change my mind. What do you do, sir?" It is normally attributed to John Maynard Keynes but whatever its source the feeling is apt for now. I hope that we can all consider our positions. I hope that we will consider the needs and rights of women in Irish society, and the urging of medical and legal experts, and reach the best solution for us, as a democracy, in the 21st century.

The Minister has the reports of both the Citizens' Assembly and Oireachtas joint committee and statements in the Seanad and the Dáil this evening. I hope he has the courage to arrange a referendum on this issue as soon as possible because it needs to be sorted.

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