Committee considers hearings on termination rules

Hearings on potential legislation to allow for terminations for fatal foetal abnormalities are to be considered by the Oireachtas Health Committee following the latest Dáil row on abortion.

Committee chairman Jerry Buttimer confirmed to the Irish Examiner he had received a written request from Labour senator and lawyer Ivana Bacik to hold public hearings on the matter.

It comes after a Dáil motion was voted down by the Coalition this week which proposed allowing for terminations in such cases. Taoiseach Enda Kenny said the bill, proposed by Independent TD Clare Daly, was unconstitutional.

Mr Kenny said he would not allow a referendum on extending termination rights for fatal foetal abnormalities before the next election because he does not want the country “convulsed” by a divisive debate on abortion.

“Fatal foetal abnormalities, the consequences of pregnancy from rape or incest are very sensitive issues, and they are very controversial issues and they must be dealt with in the future, we have already made it clear that this is a matter to be considered by the next government.”

The Oireachtas Health Committee has now been asked to see if specific legislation could work.

Ms Bacik said, despite her party rejecting the Opposition motion this week, that such legislation “could be possible”.

“I accept the advice [it is unconstitutional], but we’d like to look at the option.”

In her letter to the committee, she wrote:

“I believe that, without any constitutional amendment, it would be possible to draft legislation within the constraints of Article 40.3.3, to deal specifically with cases of fatal foetal abnormality; albeit that it would have to be highly restrictive in nature and could probably only apply to cases where there was no prospect of the foetus being born alive.”

Ms Bacik is a member of Labour Women, which yesterday collectively also called for the Oireachtas hearings.

The move comes after Labour’s Anne Ferris was kicked out of the parliamentary party this week for backing the motion. The Wicklow TD said she had no choice as it was “an issue close to her heart”.

It has also emerged the party’s Waterford TD, Ciara Conway, was “talked back from the edge”, as one party source said, and was also close to supporting Ms Daly’s motion.

Labour sources also confirmed senior party members had made an appeal to Coalition partners Fine Gael for a free vote on the motion, but this was rejected by Mr Kenny’s party.

Meanwhile, Mr Buttimer said committee members will consider the request for public hearings

“Obviously, it is a sensitive and committee will deal with it sensitively with due cognisance of the trauma and tragedy encountered by families, and mindful of the opinion on both sides regarding the mater,” he said.