Women refused an abortion will be entitled to an appeal under legislation to be introduced if the referendum about repealing the Eighth Amendment goes ahead and is passed.
This was one of the measures outlined by Minister for Health Simon Harris in the general scheme of the Bill to Regulate the Termination of Pregnancy that would be introduced should the referendum to repeal the amendment pass.
He was speaking in the Seanad as it began its debate on Tuesday night on the Thirty Sixth Amendment to the Constitution Bill to allow the referendum go ahead. The Bill has already been passed by the Dáil.
Mr Harris said legislation post-referendum would deal with a number of areas not covered by the Oireachtas committee in its recommendations.
This included setting out provisions similar to legislation in 2013 on consent and conscientious objection. It would also propose, in line with the Protection of Life During Pregnancy Act, the notification to the Minister of each termination.
It would also provide for a “formal review process for a woman in certain defined circumstances.
“Reports on notifications and review would be published annually by the Minster and the HSE respectively.”
Other measures include permitting termination in cases where there is a risk to the life or serious harm to the health of a woman without a distinction between physical and mental health and two medical practitioners would have to certify this.
‘Fir na hÉireann’
The Bill would also provide for two medical practitioners, as opposed to one recommended by the Oireachtas committee, to assess in cases where a condition “is likely to lead to death before or shortly after birth”.
During the debate, Fianna Fáil Senator Ned O’Sullivan made an appeal to Irish men “Fir na hÉireann”.
Mr O’Sullivan who favours repeal, said he was slow to become immersed in the debate because “I felt it was primarily a matter for women.” He said “I now know it is my clear duty to get involved in support of women, the women we love and respect and trust.
“Do we think we need so coercive a measure as the Eighth Amendment to keep women straight, moral, responsible? Or is there still ingrained in us a controlling instinct that says women are not sound and need to be continuously monitored?
“Men of Ireland stand up for your women. Talk out on the subject. Discuss with your colleagues in work and sport. Discuss it with your partners and families, and having discussed and informed yourself come out and vote for women.”
But Independent Senator Ronan Mullen who opposes repeal said “if you take the issue of rape, the reality is the Eighth Amendment operates from implantation in this country”. He said the morning-after pill “established very clearly that there is no issue about the legality”.
He said “I don’t deny for a minute that that is a hard case but people are not being asked to legalise abortion on rape grounds. They’re being asked to open the door completely and I don’t see how it makes sense for the Minister to say that abortion will remain a criminal offence in certain cases.”
Mr Mullen said the Bill was also “designed to take this issue away from politicians because politicians simply can’t be trusted on this issue and we have seen that in the twisting and turning of Government figures where they say I’m in favour of repeal but I’m a bit worried about 12 weeks.”
He said “repeal takes away everything from the unborn child and gives the politicians complete power to legislate for his or her destruction”.
