'There are problems with this legislation' - Labour demands review of abortion laws

Mr Kelly said it is not acceptable that in the middle of a global pandemic, 375 women travelled to the UK last year

Labour Party leader Alan Kelly (pictured) called on Tánaiste Leo Varadkar to clarify why Health Minister Stephen Donnelly suggested the review of abortion in Ireland is likely to omit any examination of the laws passed by the Oireachtas in 2018. Photo: Gareth Chaney/Collins

A review of abortion in Ireland should include the laws and not be limited to the operation of them, the Dáil has heard.

Labour Party leader Alan Kelly called on Tánaiste Leo Varadkar to clarify why Health Minister Stephen Donnelly suggested the review is likely to omit any examination of the laws passed by the Oireachtas in 2018.

Speaking at Leaders’ Questions, Mr Kelly said that on Wednesday Mr Donnelly announced the terms of a review of the health regulation Termination of Pregnancy Act and that when this historic legislation was debated and passed two years ago it was the understanding of TDs that there would be a review of the operation of the inclusive of policy.

“Instead, the minister is only planning a review to see how its operating as intended, and not to look at the legislation underpinning it,” he said.

Mr Kelly said this review won’t consider any policy changes to the act. It amounts to a predetermined process and is at odds with previous statutory reviews. How can he realistically just look at how it is currently operating, he asked.

He said there are a range of known problems with this legislation. He said it is not acceptable that in the middle of a global pandemic, 375 women travelled to the UK last year. “I know some of them. There are real problems with this legislation. And it should be reviewed,” he said.

Mr Kelly asked Mr Varadkar does he not trust the women of Ireland.

Mr Varadkar responded by saying he and the government does trust the women of Ireland.

“I trust women of Ireland and this government trust the women of Ireland and I led the government that allowed people to have their say on the Eighth Amendment.

“On my first day as Taoiseach, I said that's something I would do. And it wasn't politically expedient. It was something that I thought was the right thing to do. And I'm glad that I did it,” he said.

In terms of the review, he said he didn't recall having seen the terms of reference. “That's not to say I didn't, as you can imagine lots of things crossed my desk and they will check up on that as to what the terms of reference are and if they've been signed off by government yet,” he said.

Mr Kelly said he could sense some unease in Mr Varadkar’s position on this issue.

“I can sense you're uncomfortable with this question. The minister yesterday was agnostic. You seem to be now struggling,” he said.

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He said this seems to be a political decision. “You don't seem to be in control of the decision-making process. Will the government ensure that the legislation is reviewed,” Mr Kelly said.

Mr Varadkar responded sharply by saying: “I'm not in the slightest bit uncomfortable. The question I just wasn't expecting. And it is an important question. You have every right to ask it. But on occasion some people give me prior notice that they're going to read something and that allows me to check things.”