Kenny rejects link to abortion law stance
The Taoiseach said the issues were “quite separate” and it was a “tragic coincidence” that Health Minister James Reilly received a report on how Ireland should respond to a European ruling that abortion should be legal where there was a risk to a women’s life, as news of Ms Halappanavar’s death emerged yesterday.
The expert group was set up last year to examine the decision of the 2010 European Court of Human Rights in the ABC case.
Mr Kenny said the Government would give its response to the ruling soon and said it was best to await two reports into the death, by the hospital concerned and the HSE, before commenting fully on the case.
“I think it is only right and proper that we should respect this and allow for the facts, medical and other, to be presented as a result of both those investigations to the minister for health for the presentation to the Government.
“This is, if you like, a tragic coincidence in the sense that the ABC report from the expert group has now just been received by the minister, so people inevitably, will, you know, put these two issues together whereas they are quite separate. So, in the sense that the minister’s got the report, he’s got to read that, reflect on it, and bring it to Government.
“Parallel to that, both of these investigations are now being conducted.
“So I don’t want to say anything more about the case, because I don’t know all the facts here and I think that it is only right and proper that we should deal with the facts as they are determined by both investigations.
“This is a tragic case where a woman lost her life, her child was lost, and her husband is bereaved.”
Fianna Fáil leader Micheál Martin called for an outside look at the circumstances of her death in order to restore confidence in maternity medical services.
Sinn Féin leader Gerry Adams said legislation was needed to enable medical abortions when required.
Mr Reilly said he would consider the ABC report and the Government would clarify when doctors could intervene within the law.
“The report has been a bit delayed but it landed in my department last night. I haven’t had an opportunity to review it and I need to do that carefully before the next moves are made,” he said.
Where the parties stand on abortion legislation:
FINE GAEL:
Enda Kenny is on record as saying he would not legislate for abortion.
During the 2007 election campaign, he said: “I’ve made it perfectly clear that I am not in the position to legislate for abortion.” Ahead of last year’s election, Fine Gael said it would set up an all-party committee to examine the European Court of Human Rights (ECHR) ruling. In the subsequent coalition talks with Labour, it was decided to appoint an expert group instead. The Programme for Government states: “We acknowledge the recent ruling of the ECHR subsequent to the established ruling of the Irish Supreme Court on the X case.
“We will establish an expert group to address this issue, drawing on appropriate medical and legal expertise with a view to making recommendations to Government on how this matter should be properly addressed.” That expert group has delivered its report to Health Minister James Reilly.
LABOUR:
Labour’s official stance is as in the Programme for Government. A party spokesperson said yesterday that Labour would “act” on the report’s recommendations.
Before it entered coalition, Labour was much firmer in its language. Prior to last year’s election, Eamon Gilmore said the Oireachtas should legislate for abortion in instances where a mother’s life or health was at risk. That went beyond the X case, in which the Supreme Court said abortion was permissible in cases where the mother’s life was at risk.
“The Labour Party has very clear policy on this for quite some time. We have said that where the life or health of a mother is at risk, that we should have the legal possibility in this country to have a medical termination of pregnancy.”
He acknowledged at the time that the question of legislation could prove a difficulty with Fine Gael in any coalition scenario, but said: “It is something that the legislature should face up to”.
FIANNA FÁIL:
In an interview with the Irish Examiner earlier this year, Micheál Martin said Fianna Fáil’s commitment to maintain Ireland’s ban on abortion “hasn’t changed” and “is not going to change”. He said he “remains to be convinced” that the Oireachtas should legislate for the X case despite the 20-year failure to do so and the ECHR ruling. He said he feared such legislation could allow for abortion in more widespread circumstances than envisaged by the judgment. “I’m not absolutist in terms of being judgmental on people. But… I think we should do everything we possibly can to preserve the life of the unborn and preserve the life of the mother. And I think we do that in Ireland, actually.”
SINN FÉIN:
Sinn Féin believes the Oireachtas should legislate for the X case. In the Dáil earlier this year, Gerry Adams said: “Sinn Féin is not in favour of abortion. We believe all possible means of education and support services should be in place. However, in cases of rape, incest, and sexual abuse, or in which a woman’s life and mental health are at risk or in grave danger, Sinn Féin accepts that the final decision should rest with the woman concerned… What is certain is that the time has come for legislation to protect in law the rights of women as decided by the Supreme Court in 1992.”
* Read more:
Kenny rejects link to abortion law stance
Reilly: We need clarity but may not require legislation
‘The consultant said it was the law’
‘Don’t use tragedy as reason to legislate’
Legislative minefield, but medical rulings clear
Abortion in Ireland: A legal quagmire
Health official ‘fears there could be other cases’
Tragic death accentuates second-class status of women
Vigils demand abortion law
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