Frustration at delays to legislation for safe access zones at abortion services

The Health Committee has been overburdened with work in recent months and has faced ongoing problems with resources, along with the mental health subcommittee

Minister for Health Stephen Donnelly. File Picture: Gareth Chaney/Collins

Concerns have been raised about delays to legislation for safe access zones around medical facilities that provide abortion services.

Health Minister Stephen Donnelly has indicated the legislation will be scrutinised by a special committee of the Oireachtas rather than the health committee.

A special committee is established for the purpose of considering a specific matter but there is a waiting list of issues to be considered by such forums.

Speaking to the Irish Examiner, a health committee member said: “A special committee is an effective way of putting something on a really, really long finger because you can only have a limited number of special committees and there’s a waiting list of them with the Ceann Comhairle as it is.”

Green Party TD Neasa Hourigan said: “The need to legislate for safe access zones is a matter of urgency. Both those accessing services and those providing services must be allowed to do so freely and in safety. 

Many other countries in the EU have now legislated for safe access zones - we don't need a Special Committee to progress this.

"We need to get on with the job of government now and protect people who want abortion services."

'Frustration'

Chair of the Health Committee Sean Crowe said there is “frustration” around the issue, noting that Sinn Féin Senator Paul Gavan already has a bill making it’s way through the Seanad that would legislate for safe access zones.

Together for Safety, a campaign group who advocate for safe access zones, say they have been contacted by gardaí on the ground who are very clear that existing legislation gives them no power whatsoever to move protesters on.

"Gardaí have explained to us that they can only move people if the protests or activities get aggressive,” a letter to committee members said.

“Existing legislation does not cover intimidatory behaviours or the embedding of signage into clothing, meaning there has to be an escalation before the gardaí can step in. Safe access zone legislation means it won't ever get to this point. It is preemptive." 

Safe access zones are committed to in the Programme for Government.

In a statement, the Department of Health said it was moving "at pace to advance work in this area" but said delays from the pandemic had led to the legislation "taking longer than planned".

It added that Mr Donnelly is "committed to ensuring safe access to termination of pregnancy services, and the area remains an ongoing priority for him and the Department of Health".

"Substantial work is ongoing to progress safe access zones. Officials are engaging with their counterparts in other relevant departments, including the Department of Justice, to work through challenges that have been identified in legislating for safe access zones in respect of termination of pregnancy services. 

"At the request of the Minister, and with the support of the Joint Committee on Health, officials will meet the Committee shortly to discuss options for overcoming the legal challenges that have been identified by the Department.

"Officials intend to discuss policy advice, as informed by the legal advice, with the Health Committee when it meets on this topic."