Health Minister 'fully committed' to safe access zones for abortion services

Stephen Donnelly says women's healthcare is a priority for him, responding to a statement from the Department of Health which said existing legislation is sufficient to prevent anti-abortion protests at hospitals

Health Minister Stephen Donnelly. File Picture: Brian Lawless/PA Wire

The Minister for Health insists he is "fully committed" to legislating for safe access zones around clinics that provide abortion services.

It comes after the Irish Examiner revealed that the Department of Health stated that current public order legislation is adequate to police anti-abortion protests outside hospitals and GP practices.

A department spokesperson also pointed to the "limited number of reports of protests" which is "an extremely positive development".

Fine Gael and Green Party members of Government were taken aback that the department appeared to have backtracked on commitments to introduce safe access zones by claiming that "where problems do arise with protests outside healthcare services, there is existing public order legislation in place to protect people accessing services, staff and local residents".

Senior Fine Gael and Green Party sources contacted the Irish Examiner to express concern over the department's statement, while others took to social media to express their frustrations. Among those were Green Party TD Neasa Hourigan, who demanded a definitive timeline and clarification on the issue, and Limerick-based Labour councillor Conor Sheehan, who said regular protests outside Maternity University Hospital Limerick show the need for such legislation.

However, Mr Donnelly has now moved to clarify his position and said that officials in his department "continue to work with me to ensure safe access around medical facilities".

"I am fully committed to the introduction of legislation on safe access zones around our healthcare facilities. This commitment is in the Programme for Government.

"It was originally intended to provide for safe access to termination of pregnancy services in the Health (Regulation of Termination of Pregnancy) Act 2018. However, a number of legal issues were identified which necessitated further consideration.

"A priority for me as Minister for Health is women’s healthcare and the provision of safe services for all women."

Stephen Donnelly answers a Parliamentary Question in November 2020 outlining Government commitment to establish exclusion zones around medical facilities.

However, no timelines for the introduction of such safe access zones was provided. 

The Green Party welcomed this clarification.

A spokesperson for the minister added that department officials have been "working through" legal and constitutional issues that have been identified by the Attorney General's office.

Asked why the Department of Health response did not include this information and why it appeared to be at odds with the minister's position, the spokesperson could not clarify the matter.

The Irish Examiner put a number of detailed queries to the Department of Health which asked at what point in the drafting process is the current legislation to allow for safe access zones.

Questions were asked as to whether the Minister views this legislation as a priority and when he expected to have any Bill passed through the Oireachtas.

Responding, a Department of Health spokesperson: "Since services under the Health (Regulation of Termination of Pregnancy) Act 2018 commenced in January 2019, there has been a limited number of reports of protests or other actions relating to termination of pregnancy.

"This is an extremely positive development. It suggests that these services have bedded in relatively smoothly to date and are becoming a normal part of the Irish healthcare system, as intended.

The spokesperson added: "Where problems do arise with protests outside healthcare services, there is existing public order legislation in place to protect people accessing services, staff and local residents.

"The Department of Health has liaised with An Garda Síochána on safe access to services. The Garda National Protective Services Bureau issued a notice to all Garda Stations raising awareness about the issue. It directed that any protests be monitored, and breaches of existing law dealt with. The Department has provided information on existing public order and other relevant legislation to the HSE for appropriate distribution."

When the Irish Examiner followed up to ask if this meant that there is now no plan to introduce specific legislation on safe access zones and instead the issue will be handled under already existing public order legislation, the spokesperson said: "The issue continues to be monitored and ensuring access to termination of pregnancy services remains an ongoing priority for the Department of Health."