Bríd Smith calls to lift abortion limits and decriminalise provision
Bríd Smith marked the fifth anniversary of the repeal referendum and argued Ireland's abortion law still forces people to travel and drives unsafe self-managed care. She moved an amendment to the Health Regulation of Termination of Pregnancy Act 2018 seeking to lift the 12-week limit, abolish the three-day waiting period, broaden fatal foetal anomaly provision and decriminalise providers.
Current law and ongoing gaps
Abortion is available on request until 12 weeks of pregnancy and beyond that only in very limited circumstances. Smith said travel numbers and illegal use of abortion pills have fallen, but over 200 people a year are still forced to travel and many more access pills without proper medical supervision.
Legal restrictions criticised
She highlighted restrictions in the Act including a compulsory three-day wait, and the criminalisation of doctors with a potential 14-year prison sentence if they are judged to have misinterpreted the law. Smith argued these rules leave people "forced over the limit" by delays or deteriorating health.
Details of the proposed amendment
The amendment moved would lift the 12-week limit, abolish the three-day waiting period, allow abortion where a fatal foetal anomaly is likely to lead to death within one year of birth, and decriminalise the provision of abortion. Smith said these changes would update Ireland's abortion law to reflect the spirit of repeal.
Public opinion and review process
She cited a National Women's Council poll showing 80% agree no woman should have to travel and 71% agree abortion should not be criminalised. Smith welcomed Dr O'Shea's report for centring women's experiences and criticised the minister and successive governments for delay in addressing the law's shortcomings.
Who is most affected
Smith said the current limits disproportionately affect people whose health deteriorates after 12 weeks, teenagers who discover a pregnancy late, undocumented migrants, disabled people, those in coercive relationships and women in remote rural areas. She warned that delaying reform further leaves people open to dangerous situations and forced travel.
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I move accordingly and proceed by saying once again that today marks the fifth anniversary of the magnificent repeal referendum vote and thankfully the situation for pregnant people in this country has improved massively since people voted overwhelmingly to trust women and repeal the Eighth Amendment. Abortion is available on request until 12 weeks of pregnancy and beyond that in very limited circumstances. The numbers travelling abroad are obtaining abortion pills, illegally has dropped significantly but yet we find that over 200 people a year are still being forced to travel to access abortion services and according to the National Women's Council many more are taking abortion pills illegally without proper medical supervision and accessing abortion in other countries. The question is why is this still happening? The answer lies in the restrictions that are contained in the Act itself. Restrictions like the patronising compulsory three-day wait for women for women for women to access abortion care. This does not exist for any other medical procedure and certainly not for any procedure needed by men. The criminalisation of doctors with a 14-year prison sentence if they interpret the law incorrectly and cannot 100% guarantee that it would prove fatal within 28 days of birth rather than 29 or 30 on the grounds of health risks and that they cannot prove are serious enough. We are forced to be forced over the limit by all too common delays in accessing health services or facing risk to their mental or physical health. I do not think we should forget that successive Fianna Fáil and Fianna Gael governments were dragged into this debate on abortion kicking and screaming and forced to call the referendum following a litany of predictable tragedies and, importantly, sustained pressure from a mass movement from below. I move the amendment to the Health Regulation of Termination of Pregnancy Act 2018. This bill would amend that Act to provide for abortion on request by lifting the 12-week limit. It would abolish the three-day waiting period. It would allow for abortion on the grounds of a fatal fetal anomaly that is likely to lead to the death of a fetus within one year of birth. And it would, importantly, decriminalise the provision of abortion. We bring this to the Dáil to update Ireland's abortion law. And despite the historic and categoric victory of repeal, we still have 200 at least travelling a year. This is utterly unacceptable. Women and girls cannot wait any longer for proper access to modern abortion care, free from the risk of the prosecution for the medical profession. Despite your government's conservatism minister, you must realise that the people of Ireland spoke in the repeal victory five years ago. A recent National Women's Council poll showed that 80% agree that no woman should have to travel abroad. 71% agree that abortion should not be criminalised. But why are they going? It is because women's health is being harmed by continuing their pregnancy if they stay in this country. Currently, the numbers accessing abortion care under the health grounds are similar to those who are able to access the care on health grounds under the previous regime. And two out of every five who need care because of fatal foetal anomaly cannot access the care they need here. Doctors cannot say for certain that a fetus will die within 28 days. Doctors work under the chill of the veil of criminalisation that could lead to a 14-year sentence. The three-day wait is utterly insulting and patronising and the rigid 12-week limit. This impacts mostly on women who find their health has deteriorated beyond 12 weeks, on teenagers who do not discover that they are pregnant until then, on undocumented migrants, on disabled people and people living in domestic and coercive abuse relationships, and crucially, on many who live in far-flung regions of rural Ireland. I want to talk for a minute about Dr O'Shea's report. We all know it was issued, albeit late. It is very, very welcome. The report is informed entirely by the experiences of women and girls and the medical practitioners. She has put women's experience front and centre. The review that was ordered by you, Minister, is contained in the legislation that we passed. It is contained because it was said at the time by Minister Harris that we have to ensure that the law is working. Now we have politicians claiming that they are uncomfortable with the review, but for too long, women's health has been dictated to by politicians and clerics. The law does not reflect the spirit of repeal. We cannot excuse the people voting yes because of the heads of bill. This is just not the case. The only evidence we have are the exit polls, which comprehensively prove that the vote for yes was on the grounds of giving women the choice and not forcing them to travel. To put off any change until after the next election, Fianna Fáil, Fianna Gael and pro-government independence, who rely disproportionately on the older anti-choice vote, are being absolutely disingenuous and increasingly leaving women and girls open to dangerous situations and forcing them to travel. To have aibil. To have a doubt, Fianna Gael and pro-government disorders, Cardinal Caplanophane peppers,ifi i. To be continued... To be continued... For the next election, Fianna Fáil, is at the recurrence of Publicision andorges? Be continued... To be continued... To be continued... For the next election... To be continued... To be continued...
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