Micheál Martin 'not convinced' three-day wait a major barrier to abortion access

Micheál Martin said it was 'unacceptable' that not all hospitals required to provide termination of pregnancy services are doing so. Picture: Brian Lawless/PA

Tánaiste Micheál Martin has said he is not convinced that the mandatory three-day waiting period to access abortion medication is a major barrier to termination of pregnancy.

Mr Martin said a more fundamental issue preventing access to abortion services is the fact some hospitals are still not providing the service, a situation he described as unacceptable.

The State’s lindependent review of the country’s abortion laws, published earlier this year, has recommended the three-day wait period be made optional as women face timing out of accessing the service, due to an uneven distribution and shortage of services, resulting in women having to travel to the UK.

The report points out that termination of pregnancy services are not configured to run 365 days a year, which means the three-day wait can extend to a four- or five-day wait for treatment if the first visit takes place towards the end of the week, particularly if it coincides with public holidays.

The report, authored by Barrister Marie O’Shea, says the three-day wait period is problematic, particularly for marginalised and vulnerable service users, and she said the waiting period “can impose a physical and psychological burden on women".

Mr Martin said he is “open-minded” in terms of changes to the three-day wait but said there was a clear commitment given to the electorate at the time of the referendum campaign.

In an interview with the Irish Examiner,  Mr Martin said: “I would like to see the evidence behind that.

“There were clear commitments given during the campaign on what the framework would be for the facilitation of this. 

"And my own view is we went to the doors, we said ‘here’s the framework in terms of the actual referendum itself in terms of the three days’, so I think there is a need, when you have a referendum, to fulfil those commitments for a period of time at any rate.

To me, the more fundamental issue is the provision of services at the hospital sites. That to me is my issue but I’m not convinced the three days is as big a barrier as suggested.

He said it was “unacceptable” that not all hospitals that are required to provide termination of pregnancy services are doing so.

Mr Martin said Government is considering the review by Ms O’Shea and said he has “an open mind in respect of the three days.".

He said a decision on the report's recommendations will be made in the lifetime of this Government.

Significant research

Ms O’Shea recently appeared before the Oireachtas Health Committee to discuss the findings of the report, which includes significant research, including from those who access and are providing abortions.

She said she was under “enormous pressure” to finish her report earlier this year, but there has been a lack of engagement from the Department of Health with her since then.

The review recommends 10 changes to current legislation and 60 operational changes in relation to termination services and laws.

The report also highlights issues with cases of fatal foetal abnormalities and the risk of criminalisation of GPs.

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Meanwhile, Mr Martin indicated that a commitment in the Programme for Government which would remove the need for 16-17-year-olds to have two specialist reports to apply for legal gender recognition and instead be able to self-declare with parental consent may not happen in the lifetime of this current Coalition.

“There’s no clear timeline yet in terms of whether we get that through or not,” he said.

“I am supportive of transgender rights in general. I think the most important thing is that we create a culture and a proper environment that’s free from name-calling, or free from bullying, or free from undermining young transgender people who generally-speaking go through a fairly traumatic time,” he said.