Dáil vote defeats Social Democrats' abortion bill 

Social Democrats leader Holly Cairns

An abortion Bill proposed by Social Democrats leader Holly Cairns has been defeated by TDs.

The Bill would remove a three-day waiting period and stop the need for some women to travel abroad after receiving a diagnosis of fatal foetal abnormality.

Ms Cairns said it would also provide “more certainty around abortion in cases where a woman’s health or life is at risk; clarifies the law when it comes to conscientious objection and removes the criminalisation of medics”.

The proposed legislation comes almost eight years after Ireland voted overwhelmingly in favour to amend the constitution and reform the strict abortion laws.

Asked about the Bill on Wednesday, shortly before it was debated in the Dáil, ál Martin said: “Some significant flaws have been highlighted in relation to the legislation.” 

He said the issue of decriminalisation is “highly problematic” and undermines “the entire legislative template that was enacted post the referendum”.

The Taoiseach said the Minister for Health has had “good engagement” with the Social Democrats, but that a private member’s bill “isn’t the most effective way of dealing with a complex issue like this”.

Mr Martin said there is not “a collective party position or Government position” in relation to the Bill.

He said Government TDs will not be directed by whips on how to vote as it is a conscience issue.

The bill was denied a second reading on Wednesday evening, with 85 TDs voting against, 30 in favour and 36 abstaining.

Aontú party leader Peadar Tóibín posted on social media following the vote: “The lives of thousands of children will be saved as a result of this Bill being defeated today.” 

On Tuesday Ms Cairns issued a statement reacting to reports that the Department of Health had said there were difficulties with some of the provisions in her legislation.

She said: “All of the amendments in my legislation come from an expert review of the current law, which was commissioned by the Government and published three years ago.

“It should also be noted that the World Health Organisation is in favour of decriminalisation and the removal of mandatory wait periods, meaning Ireland is out of step with international best practice.”

Earlier

The Health Minister said many women will continue travelling to the UK for abortions even if the current law is changed,

Jennifer Carroll MacNeill has said legislation put forward by the Social Democrats will not fix "every single situation" and said that many of those seeking terminations in the UK do not relate to fatal foetal abnormalities.

The proposed reforms of Ireland’s abortion laws brought forward by Holly Cairns' party call for the removal of the three-day waiting period and would also address the need for women to travel abroad in cases of fatal foetal abnormalities.

However, speaking during a debate on the measures, Ms Carroll MacNeill said: "There are not 240 women travelling because of fatal foetal abnormality. There are some, but there are many women travelling for other reasons.

"There are different thresholds in the UK and Ireland. Some who are travelling will never meet the threshold in Ireland because the UK threshold is about serous handicap and others. The group of women is not 240. It is a much smaller number. They are very case specific. Some of them will not be fixed by legislation of this kind."

She asked the Social Democrats and other members of the opposition to join her in meeting the National Women and Infants Health Programme (NWIHP) to "hear more of the reality".

Ms MacNeill added: "We will never be able to fix this for every single situation. That is what I am trying to say. That is practically impossible in this context."

Calling on politicians, who were given a free vote on the matter, to support her party's proposals, Ms Cairns highlighted the case of Denise Whitmore who nearly died travelling to England for a termination after receiving a fatal foetal diagnosis.

"After everything they had already endured, Denise and her husband Mark were advised to smuggle their daughter Éadha home in the boot of their car so they could bring her home to Ireland. That is the result of our current legislation - grieving parents made to feel like criminals for wanting to bring their daughter home. That is not what Ireland voted for in 2018."

She added: "As legislators, we do not get to look away from the reality because it is uncomfortable or complicated. We are the only people in this country with the power to fix laws that are causing harm."