Harney rules out new laws in wake of Miss D case

HEALTH Minister Mary Harney confirmed yesterday that the Government would not be introducing legislation to overcome some of the issues raised in the Miss D case.

Ms Harney was responding to the High Court decision which cleared the way for a teenage girl carrying a foetus with a fatal condition to go to London for an abortion.

Ms Harney said a constitutional amendment on abortion was put forward in 2001 that was “fair, balanced and reasonable”.

She said that the referendum was defeated and she would be reluctant to revisit it.

“The issue has been dominated by extremists on both sides,” she said.

She argued that following the X case judgment in the Supreme Court, the biggest problem with legislation was trying to define when somebody was suicidal.

Party colleague Fiona O’Malley disagreed, however, and said she did not want case after case coming before the courts running the “gamut of the alphabet”.

“I would welcome the opportunity in the next Dáil to look at this issue,” she said.

Meanwhile, Fine Gael and Labour’s policies on abortion seemed to be at odds yesterday. The controversial subject has “thrown up issues”, conceded Labour leader Pat Rabbitte.

However, coalition partners Fine Gael have already ruled out legislating on abortion.

The decision by Justice Liam McKechnie on Wednesday brought to an end a two-week legal battle after Miss D told the Health Service Executive (HSE), whose care she was under, that she wanted an abortion.

“I think it is a reasonable decision but may very well throw up issues which we have to examine now, that have moved on from the X-case,” Mr Rabbitte told RTÉ.

Fine Gael, however, stood its ground on ruling out Irish legislation on abortions.

Leader Enda Kenny welcomed the court’s upholding of Miss D’s right to travel, but ruled out enforcing the X-case Supreme Court ruling, 15 years ago, that legislation be provided for.

“I’ve made it perfectly clear that I am not in the position to legislate for abortion.

“That’s my view and I’ve already said so much more could be done in the area of counselling and legislation and for crises pregnancies.

“This is not area that the Labour party and the Fine Gael party have set out an agreed programme.”