Holly Cairns: 'Back legislation to remove three-day wait for abortion services'

Leader of the Social Democrats, Holly Cairns, said her legislation would seek to enact the recommendations of an expert review of the law conducted by Marie O’Shea, which was published three years ago. Photo: Gareth Chaney

Social Democrats leader Holly Cairns is seeking to remove the three-day wait for abortion services and to stop the need for people having to travel abroad in fatal foetal abnormality diagnoses.

The Cork South-West TD appealed to Government TDs to back her legislation.

The 8th Amendment was repealed in May 2018 to allow for access to abortion in the first 12 weeks of pregnancy.

However, some women still have to travel to the UK to receive terminations in cases of a foetal abnormality diagnosis. To get this treatment in Ireland, two medical practitioners must certify that the condition is likely to result in death before or within 28 days.

Ms Cairns said her legislation would seek to enact the recommendations of an expert review of the law conducted by Marie O’Shea, which was published three years ago.

“In particular, my legislation seeks to ensure that women, who receive a devastating diagnosis of fatal foetal abnormality, no longer have to travel for care,” Ms Cairns said.

“This is especially important given women who endured that horror, and spoke publicly about their trauma, were a key reason for the success of the Repeal campaign.

“I think many members of the public would be outraged to know that some women, who receive that diagnosis today, are still being forced to travel because of problems with the existing law.” 

Ms Cairns said her legislation would remove the three-day mandatory waiting period in favour of a “discretionary waiting period”.

“It also provides more certainty around abortion in cases where a woman’s health or life is at risk; clarifies the law when it comes to conscientious objection and removes the criminalisation of medics,” Ms Cairns continued.

“Previously, when I have asked government representatives why the legislative recommendations of Marie O’Shea’s report have not been acted on, they have suggested they never will be.

“According to this logic, the Irish people were told the parameters of the law in advance of the referendum – and therefore no change is possible.

“However, this ignores the fact that many people voted to ensure that women no longer had to travel to receive medical care, particularly when there is a diagnosis of fatal foetal abnormality. Shamefully, some women in this tragic situation are still being forced to travel. “ 

Ms Cairns noted that the repeal referendum provided a three-year review of the legislation, and seven years after the law was introduced, this still has not been done.

“Every month that passes, without action, is a month in which more and more women are failed,” she said.

Speaking in the Dáil, Taoiseach Micheál Martin vowed that the Government would work “constructively” with Ms Cairns on her legislation and ensure there would be debate on it in the Dáil.

He said the Government is “committed to ensuring that there is safe and equitable access to termination of pregnancy services”.

“Given that there is a broad spectrum of sincerely held opinion on the issue of legislative change, proposals in this regard do require careful consideration,” he said.

“Termination services in early pregnancy, up to 12 weeks, are now provided in all 19 maternity hospitals. That wasn't the position some years ago. There has also been a sustained increase in community providers, which currently stands at 491.

“It is important that all voices are heard, that we have a respectful debate and discussion on this, that we listen to each other with a view to achieving the maximum consensus possible before proceeding with change.” 

Mr Martin also confirmed that the Government will continue to enable a vote of conscience on the issue.