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Dublin: 13 °C Saturday 25 May, 2013

Abortion bill debate: TDs criticise leak of Expert Group report

The bill was put forward by Clare Daly TD. Minister Shatter encouraged her to withdraw it, saying it does not address in detail a number of issues.

Clare Daly TD
Clare Daly TD
Image: Laura Hutton/Photocall Ireland

DEPUTY CLARE DALY’S proposed  bill for legislating for the X Case was debated before the Dáil tonight.

A number of TDs used the debate on the Medical Treatment (Termination of Pregnancy in Case of Risk to Life of Pregnant Woman) Bill to hit out at the leak of the Expert Group on abortion over the weekend.

Deputy Luke Ming Flanagan said that: “As someone who is relatively new to the Dáil, I am starting to wonder why are we the last to hear about these things. Why do employees of multinational media organisations get to see the report before we do?”

We should have got to see this report before anyone in the media got to see it. I don’t believe there was a leak – I believe it was deliberate. The moment it came out, we should all have been contacted.

Deputy Seamus Healy said he was “not surprised, but disappointed that the report could be read in newspapers. I believe it was leaked deliberately.” He described this as an “affront to members of this house” and that it “should have been published immediately after the minister got that report”.

Meanwhile, the Minister for Justice, Alan Shatter, asked Deputy Daly to withdraw the bill, saying that while it is well intended, it does not address in detail a number of issues and is defective. He said that it would provide a blanket immunity to medical practitioners from civil liability should they be negligent in treatement and this results in the death or incapacitation of the woman, which is a very serious matter.

He asked Deputy Daly to “seriously consider not dividing the house” and to consider withdrawing the bill. He added that whatever action the Government takes, Ireland will still have some of the strictest laws in Europe when it comes to abortion.

Minister of State Kathleen Lynch said that the fact Deputy Daly’s bill gathered 20 votes in April “really tells us there is a division among all groups in this house in relation to this particular issue”. She added that this government “will not be the seventh” not to legislate for the X Case. She said she would not be voting for the bill.

Fianna Fáil Deputy Billy Kelleher also did not back it, calling it divisive and saying his party was waiting for the Government to come back with its representations.

Sad and angry

ULA Deputy Daly herself said she was “sad and angry to be here again”, having previously put forward the bill in April, when it was voted down by Dáil members. She said that “we know in certainty that there isn’t any certainty coming from the government”. Mentioning the Savita Halappanavar case, she asked: “Are we waiting for another such case?”

She said that the bill is not perfect, but “it’s a start” and could be amended. “If we don’t make a start tonight it means the legal process will not start until at least another four or five months’ time,” she said. She added that the saddest part of moving this bill is it doesn’t even begin to deal with the majority of reasons that thousands of Irish women have to choose to have a termination.

Sinn Féin Health Spokesperson Caoimhghín Ó Caoláin said the Bill should be allowed to proceed to committee state where it can be amended as appropriate.

The bill will be voted on tomorrow evening.

Read: Expert group report on abortion set to be published today>

Read: Junior Minister wants free Dáil vote on any X Case legislation>

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Comments (18 Comments)

  • Clare Daly recently came to DCU to speak on the issue. Incredibly passionate and fortright on the effects not legislating has had.

    This issue is really personal choice/bodily integrity vs. life of the unborn & moment a foetus becomes sentient (living).

    Thats the debate we have nationally. She just thinks that its a debate individuals should have themselves. I think she’s right.

    Reply
    • I’m a constituent of hers and I must say, she’s come on in leaps and bounds in the last few years. She used to be perceived as a total nut, always moaning about something etc, but I really admire her passion in this particular case.
      Fair play to her, really hope it all gets pushed through soon.

      Reply
  • Abortion should be legal. If you don’t want one don’t have one. A woman should be able to have control over her body that’s it, end of, anything else is abuse.

    Reply
    • Most people are more concerned about what they consider to be a person inside the woman. The argument will always boil down to when a bundle of cells becomes a person. Until we come to some kind of consensus on that the two sides will always be far apart.

      Reply
  • I’m no big fan of Clare Daly but she speaks with great sense and passion on this subject, something that our pitiful government can’t manage.

    Reply
  • I guess those Labour members of government will be voting this down tomorrow. Was this not part of their program for government?

    Reply
  • Alan Shatter has made a brave speech. Pregnant women will continue to be in an inferior legal position to the rest of citizens unless or until Article 40.3.3 of the Constitution is repealed. He has spoken honestly and bravely. For one all the Dail can do is pass legislation to protect the life but not the health of pregnant women.

    We have to wake up to the pernicious and dangerous effect of Article 40.3.3 of the Constitution and the urgent an imperative need to repeal this objectionable provision which should never have been part of our Constitution. tThe Supreme Court did its best to dilute the more damaging effects of Article 40.3.3 of the Constitution but politicians did not have the bravery to accept the need to pass legislation.

    We have the most restrictive anti abortion legislation in Europe except for Andorra, Malta and tiny principalities.

    The Irish fundamentalists got their way in 1983 and they will not easily relinquish their grail. We must find the courage to allow abortion in limited circumstances such as rape, incest, real threat of suicide or where the health of the mother will be placed at risk by failing to terminate. That will require a Referendum. Humanity before dogma and ideology should be our guide.

    Reply
    • Shatter is in government rather then speeches a bit of action might be more useful?

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    • But if abortion is allowed in the case of rape, what about the Constitutional presumption of innocence? Are rape trials to be rushed to allow for abortion?

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    • Shatter’s speech should be commended given he’s a dyed in the wool old school FG politician, I’d like to think it marks a sea change in FG thinking on this issue. I respect and admire Clare Daly for her stance but absolutely believe rushed legislation with ‘holes’ in it would do more harm than good. Unless we have watertight legislation on this the pro life brigade could tie up the courts on this for literally years to come.

      Reply
  • The party whip should be abolished and this is one fine example as to why it should not exist.

    Reply
  • Billy kelleher did not back it.

    Of course he did not: FF councillors across the West are putting forward motions that the law be left as it is, and these motions are, generally, going through on the nod.
    Is this a FF plan or is some other organisation behind it?

    Come on, Billy, tell us the truth!

    Reply
  • leaking is a good way to stop it being supressed. Seeing as it is forcing the govt to act, this is not a bad thing…

    Reply
  • It’s as simple as this, we the people have clearly instructed our politicians what to do in two referenda. Why are these highly paid politicians not doing what we have told them to do. Their payments should be stopped, until they do their job. If they find their job disagreeable they can resign.If they refuse to do their job they should be fired. They are our servants, perhaps we should remind them of that.

    Reply
  • Anyone else think she’s a ringer for Pauline McGlynn (Mrs Doyle)? http://m2.mattters.com/youtube/p1pFqTAK-bU/large.jpg

    Reply
  • Hard cases make bad laws. Daly’s bill is evidence of this. It may be well intentioned but that’s not good enough. Saying “it’s not perfect but it’s a start” is just not good enough. Why pass such a defective law? Why has she not amended it since April to fix the defects?

    Reply
    • Think her suggestion is that those defects can be addressed at committee level. Also as far as I know she has addressed some of the criticism / defects that were commented on during the April debate.

      Reply

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