Legislation carries a high political cost

Fine Gael is learning the political price of tackling the abortion issue, writes Political Correspondent Mary Regan.

GIVEN that successful governments did their best to stay away from the issue for the best part of 21 years, it’s hardly surprising that legislating for the 1992 X case ruling would carry a high political cost.

Fine Gael — the party that swept into power believing its task was to fix the economy and not to tackle the thorny abortion issue — has learnt what that price is, with the loss of four of its TDs last night.

How much more it will have to pay depends on the political handling of the issue as it enters the next stage of its passage through the Oireachtas — and the resolve of TDs seeking amendments to the Protection of Life during Pregnancy Bill.

After yesterday evening’s vote, the legislation went to the sub-committee on health where it will be analysed section-by-section and amendments will be debated.

Usually it is up to the Minister to propose any amendments on behalf of the Government at the committee stage (while rejecting proposals brought forward by opposition members).

But there are seven Fine Gael TDs now seeking changes to the Bill — ranging from substantive to minor — if their support for legislation is to be granted.

The problem this poses for Enda Kenny is that his Government is unable to grant the amendments sought without performing a major u-turn on the legislation, with the risk of going outside the Constitution and losing the Labour coalition partners. It is all but impossible to see how the Bill could be altered to meet the three substantive changes being sought by Minister of State Lucinda Creighton in order to keep her on board.

Her main opposition to the Bill stems from her belief that the suicide clause is flawed and she says it must be omitted.

But this has been categorically ruled out by the Taoiseach who said “regardless of whether people agree with it, the constitutional rights on these grounds already exist.”

Ms Creighton also believes the legislation should include the right to legal representation for the unborn in cases where an abortion is being granted on suicide grounds.

But Justice Minister Alan Shatter explained why this is not a runner, saying the suicide test “is a medical or psychiatric issue, not a legal assessment.”

He said two psychiatrists and an obstetrician were required to assess the risk of suicide, and they must be trusted. “Are we to have solicitors and barristers as part of the consultative process? Are solicitors and barristers to be a permanent part of our hospital procedures? I do not believe that is either right or appropriate,” he said.

Ms Creighton also claims it is “perfectly constitutional” and “the absolute minimum protection necessary in a civilised country” to impose a gestational term limit on when an abortion can be carried out.

But, from the very first day the Bill was published, the Health Minister said it was not possible to put a time limit on a constitutional right. Given the extent and nature of her demands, colleagues said that Ms Creighton has left herself with very little wriggle room, and cannot see her reversing from her position and voting for the Bill. That brings the likely number of losses to five.

But what about the others? In speeches so far, seven TDs indicated they would be seeking changes. Some of these sound like they can be dealt with through some delicate political persuasion. For example, John Paul Phelan from Waterford said he “hopes” the Minister can “allay some of my fears” that the suicide grounds will lead “a significant change in attitude in Ireland to the issue of protection of the life of unborn children”

James Bannon, of Longford-Westmeath, said he was “completely opposed to abortion on demand” but not specifically the suicide grounds — merely “a serious concern”.

Another two TDs — Michelle Mulherin and John O’Mahony who are both constituency colleagues of the Taoiseach in Mayo — are more serious and specific in their demands.

Mr O’Mahony said that “in principle, I cannot accept that there is or should be a right to terminate the life of an unborn child on the ground that there is a risk to the life of the mother where that risk is suicide.”

He said his concerns “will need to be addressed on Committee Stage to allow me to support the Bill on Final Stage.”

Ms Mulherin wants a “cooling off period” of 10 days before an abortion is permitted on the suicide grounds so the decision is not made “in haste” and the “heightened states of distress can pass.”

She is also looking for the standard of “good faith” placed on medical practitioners in certifying an abortion to be more clearly defined.

It’s very unlikely these requirements will be met.

A number of other TDs have concerns with the legislation but — on balance — are expected to support it.

But if some assurances can be given to the two Mayo TDs that safeguards against the full liberalisation of abortion will be sufficient, then Fine Gael may be able to limit its losses to five or six.