Tánaiste wants TDs to have more free votes after Dáil abolishes reflection period on abortion 

Simon Harris: 'I think there's a strong case for more opportunities for TDs to actually be allowed outside of the whip system, give their views on very sensitive and conscience issues.' File photo: Liam McBurney/PA

Tánaiste Simon Harris has said that he would like to see more free votes in the Dáil following the abortion debate this week, as justice minister Jim O’Callaghan admitted it was “difficult” to decide how to vote.

On Wednesday evening, the Dáil voted 86 votes to 70 in favour of Sinn Féin’s proposed legislation to abolish the three-day “reflection” period that was introduced following the 2018 referendum to repeal the 8th amendment.

Taoiseach Micheál Martin, the Tánaiste, public expenditure minister Jack Chambers, health minister Jennifer Carroll MacNeill, and energy minister Darragh O’Brien all voted in favour.

Mr O’Callaghan, enterprise minister Peter Burke, agriculture minister Martin Heydon, children’s minister Norma Foley, social protection minister Dara Calleary, and housing minister James Browne all voted against it.

Speaking on Thursday morning, Mr Harris said he was in Fine Gael when people lost the party whip over the abortion issue, and that this was an issue of conscience and people were free to vote how they wished.

“The decision to pass that was brought up by a coalition of TDs in government in opposition who decided to vote in favour of the legislation,” the Tánaiste said.

“I actually think that's quite healthy. I think there's a strong case for more opportunities for TDs to actually be allowed outside of the whip system, give their views on very sensitive and conscience issues.”

Mr Harris could not say on what else there should be a free vote, but when it was put to him that some TDs may not want to vote against an eviction ban, he said nothing about how housing policy could become a vote of conscience.

Mr O’Callaghan, who voted against the Sinn Féin proposal, said he was grateful that Fianna Fáil and Fine Gael allowed a free vote, suggesting that this was not allowed in Sinn Féin or any other party.

He noted that he had voted for the 8th Amendment to be repealed in 2018, and that it was a “difficult choice” to vote against the removal of the three days wait.

What's your view on this issue?

You can tell us here

“I had to consider it carefully, but I just recognised that there was a very good collaborative response to the issue back in 2018,” Mr O’Callahan said.

“We brought middle ground Ireland with us, and we did it through an agreement that we would amend the Constitution, but people were also advised in advance what would be the statutory regime that would operate as well.

“As I'm fully respectful of people who hold a different view, my view is in the context of that statutory scheme that was set out, the carefully calibrated arrangement prior to the referendum that I didn't want to start unpicking that now, so that was the reason why I voted no.”

Some 12 Fianna Fáil TDs voted in favour of the Sinn Féin proposal, while 11 Fine Gael TDs voted in favour. Some 23 Fianna Fáil TDs and 30 Fine Gael TDs voted against. The legislation will now be passed to the Oireachtas Health Committee for more detailed scrutiny.

Following the vote in the Dáil, the National Women’s Council said the removal of the three-day wait would be a “major win for women”.

“While this is a big step forward in terms of access to abortion, there remain considerable issues with the legislation as it stands, such as the criminalisation of healthcare professionals and the 28-day clause on fatal foetal anomaly,” Corrinne Hasson, the National Women’s Council executive director, said.

“Both these provisions can mean that people in devastating circumstances still have to travel for abortion. The National Women’s Council will continue to advocate that these changes, that the 12-week limit be reviewed, and that every woman who needs an abortion can access the care she needs locally.”