No end in sight for a most divisive issue

The Coalition is highly unlikely to tackle the abortion issue any time soon, says political editor Paul O’Brien

WHEN they addressed the abortion issue at the weekend, pretty much the one thing on which Cardinal Seán Brady and Communications Minister Pat Rabbitte agreed was their desire to avoid the bitter and divisive debates of the past.

Just days later, though, it’s evident that, were the Government to attempt to deal with the issue in the coming months, there would be no hope of avoiding bitterness and division.

And that’s precisely why, in all likelihood, the Coalition will find a way of kicking the issue to touch.

There are just four months to the end of the year. Within that time, the Government has to pass a potentially difficult children’s rights referendum and a fiendishly difficult budget which will include, among other things, an already contentious property tax.

Behind the scenes, the Government has to prepare for Ireland assuming the rotating presidency of the EU for six months from Jan 1. Taoiseach Enda Kenny will be doing a rapid tour of Europe in the coming weeks, hoping to visit as many capitals and meet as many counterparts as possible.

With a schedule like that, the Government won’t want to go near the issue of abortion this year.

Neither, one suspects, will Health Minister James Reilly. Although he has vowed to deal with the issue, it may not be this side of the year. In the coming months, he’s got to deal with the existing over-run in the health services budget and find roughly €700m of cuts for next year. He also has other thorny issues on his plate, such as deciding on the location for the proposed National Children’s Hospital.

Even if the appetite did exist to deal with it before Christmas, there is no agreed stance between Fine Gael and Labour, other than that they will consider the recommendations of an expert group on the issue.

Everything points to the Government finding a way to defer action on the abortion issue until well into next year at the very earliest.

In the meantime, a glance at what the main party leaders have said about abortion in the past shows just how far apart they are on the issue.

THE STATE OF PLAY

In the X case judgment in 1992, the Supreme Court ruled that abortion was permissible in Ireland in cases where the mother’s life was at risk. This included the risk of suicide.

However, successive governments failed to introduce legislation to clarify the instances where a mother’s life was deemed to be at risk.

In 2010, the European Court of Human Rights found that a woman’s rights had been breached because of Ireland’s failure to provide a regulatory or legislative procedure by which she could establish whether she qualified for a lawful abortion in this country.

This has placed pressure on the Coalition to put in place the necessary regulations or legislation.

In the Programme for Government, the parties vowed to “establish an expert group to address this issue, drawing on appropriate medical and legal expertise with a view to making recommendations to Government on how this matter should be properly addressed”.

That expert group is expected to report in the coming weeks.

Earlier this year, Dr Reilly told the Dáil: “I am sure that everyone present in the chamber shares my view that, as public representatives, members have a task to perform. They must take action to deal with a long-overdue responsibility. While I note Deputy [Mick] Wallace’s comment that no action has been taken by six successive governments, I assure members this will not be the seventh.”

However, TDs from his own party have since indicated they would oppose any efforts to introduce legislation.

THE LEADERS

Enda Kenny: During the 2007 general election campaign, Mr Kenny said: “I’ve made it perfectly clear that I am not in the position to legislate for abortion. That’s my view and I’ve already said so much more could be done in the area of counselling and legislation and for crisis pregnancies.”

Since then, Mr Kenny has proved reluctant to discuss the issue. Ahead of last year’s general election, Fine Gael said it would set up an all-party committee to examine the ruling. In the talks with Labour, it was decided to appoint an expert group instead.

Eamon Gilmore: Ahead of last year’s election, Mr Gilmore said he believed the Oireachtas should legislate for abortion in instances where a mother’s life or health was at risk.

“The Labour Party has very clear policy on this for quite some time. We have said that where the life or health of a mother is at risk, that we should have the legal possibility in this country to have a medical termination of pregnancy.”

He acknowledged that the question of legislation could prove a difficulty with Fine Gael in any coalition scenario, but said: “I think there isn’t any option. The ECHR has been very clear that Ireland is out of kilter now with the Convention on Human Rights as regards its legislative position. I appreciate that this is a difficult issue and it is one that creates a great deal of division. But it is something that the legislature should face up to.”

Labour subsequently agreed with Fine Gael to refer the issue to the expert group for recommendations.

Micheál Martin: In an interview with the Irish Examiner earlier this year, Mr Martin said Fianna Fáil’s commitment to maintain Ireland’s ban on abortion “hasn’t changed” and “is not going to change”. He said he “remains to be convinced” that the Oireachtas should legislate for the X case despite the 20-year failure to do so and the ECHR ruling.

He said he feared such legislation could allow for abortion in more widespread circumstances than envisaged by the judgment. “I’m not absolutist in terms of being judgmental on people. But… I think we should do everything we possibly can to preserve the life of the unborn and preserve the life of the mother. And I think we do that in Ireland, actually.”

Gerry Adams: Sinn Féin believes the Oireachtas should legislate for the X case. In the Dáil, Mr Adams said: “Sinn Féin is not in favour of abortion. We believe all possible means of education and support services should be in place. However, in cases of rape, incest, and sexual abuse, or in which a woman’s life and mental health are at risk or in grave danger, Sinn Féin accepts that the final decision should rest with the woman concerned…

“What is certain is that the time has come for legislation to protect in law the rights of women as decided by the Supreme Court in 1992.”