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Dublin: 8 °C Thursday 23 May, 2013

Group says lack of invite to Oireachtas abortion hearings “a grave injustice”

TFMR Ireland said that it is upset that, despite numerous requests, it has has not been invited to take part in this week’s Oireachtas committee hearings on abortion legislation in Ireland.

Fine Gael TD for Cork South Central, Jerry Buttimer
Fine Gael TD for Cork South Central, Jerry Buttimer
Image: Sam Boal/Photocall Ireland

A GROUP REPRESENTING couples who terminated a pregnancy following a diagnosis of fatal foetal abnormality has said it is extremely disappointed at not being able to address a committee on the issue of abortion legislation in Ireland.

The Oireachtas Committee on Health and Children is to hold three days of meetings on the issue, beginning tomorrow. The meetings are on the implementation of the Government’s decision following the publication of the Expert Group report into the ABC versus Ireland judgement.

The Government is due to draft legislation and regulation, and the aim of these meetings is to gather information which will be of assistance in this, with a report being given to Government following its completion.

There will be a number of contributors to the discussion, including members of pro-choice and anti-abortion groups, masters of maternity hospitals and other medical and legal experts.

TMFR Ireland

TFMR Ireland describes itself as a group comprising couples “who have made the heartbreaking decision to terminate a much-wanted pregnancy following a diagnosis of fatal foetal abnormality”.

The group told TheJournal.ie:

We are the only campaign group with first-hand experience of having to leave Ireland to seek a medical termination outside of Ireland. As such, we are extremely disappointed that despite numerous requests we have not been invited to address the upcoming Oireachtas Committee

The members said they feel “it is a grave injustice that the views of couples who have spoken out publicly despite their grief are not to be heard”.

“We sincerely hope that the Government will take action to ensure future legislation allows for the option of termination in cases of a fatal diagnosis,” added TFMR Ireland.

Debate

Chairman of the committee, Fine Gael Deputy Jerry Buttimer, spoke to Morning Ireland on RTÉ Radio today, saying that he thinks it is very important to have this debate, and that he hopes it is held in a “very calm, respectful and dignified manner where all sides can have their opinion heard”.

Deputy Buttimer added that it is a “complex and sensitive issue with divergent viewpoints” but it is “a sign of our maturity as a nation” that  these hearings with groups expressing different viewpoints can be held.

“We must consult, we must listen and we must implement,” said Deputy Buttimer. He said they are facilitating as many people as they can, and those who can’t take part have been asked to make written submissions. “We will be as fair and as balanced as we possibly can be,” he said.

Read: Experts in Leinster House next week for discussions on abortion issues>

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Comments (63 Comments)

  • I don’t know if I would use the word “maturity” to describe the current debacle over abortion. Decades of nosey hypocrites forcing women to go overseas and politicians too scared to tackle any of it head on. And now they’re only examining one area of the abortion issue. How long is this piecemeal approach going to drag on?

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  • But we’ll be consulting the bishops of course. Because a bunch of celibate old men who head up an organisation that spent decades knowingly covering up serious child abuse are clearly far more qualified to speak on the issue of women’s reproductive rights than an organisation like TFMR Ireland. What a country we live in.

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    • I’m a huge supporter of TFMR. Their strength in appearing on the Late Late Show was very powerful and I hope that their cause is advanced in the future. However their issue requires constitutional change thorugh a referendum.

      The committee is specifically tasked with discussing legislative change within the existing constitution. To open up the debate to constitutional change would diminish the discussion given to Savita, the X-case, suicide and the other issues surrounding the proposed legislation.

      This legislation is long overdue but in the final push it needs our full attention. We can’t mess this one up. It’s not popular to say, and I know this post will get the usual thumbs down, but their issue is for another day. I wish it weren’t that way, but these things must be taken step by step.

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    • Well said David. I’d rather it wasn’t done piecemeal, but legislation for emergency scenarios needs to be dealt with urgently. If we can get this right, then it will hopefully make debating the wider issue clearer too.

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    • @ Jim, I could not agree more with your well expressed sentiments. Tragically, fatal foetal abnormalities do not fall within the scope of the X Case or the decision of the European Court of Human Rights.

      Article 40.3.3 of the Constitution, Eight Amendment, prevents addressing the concerns, legitimate and meritorious, of TFMR Ireland.

      This is the sad result of enshrining Roman Catholic dogma into our Constitution.

      And still some of us listen to the pontificating of the Roman Catholic Church.

      Reply
  • Shocked but not surprised at this omission. Buttimers words come across as more meaningless soundbytes from a Government who want to be judged on the optics instead of the realities.
    Just one question. Will input be given by the religious at committee hearings?

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  • dee 07/01/13 #

    This makes the governments efforts look even more disingenuous when they cherry picked rather than look for the facts.

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  • Hush, silly wimmins. The men are talking. Go do something useful like making a cup of tea or a hang sangwich, theres a good girl.

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  • if you dont agree with abortion dont have one. make contraception free to everyone. that will reduce the need significantly. care for our women here instead of carting them off to be englands problem. if you put your rubbish over the back wall its still there. i dunno why the church has to be involved in a medical issue x

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  • A submission by TFMR to the Oireachtas Health Committee hearings on abortion would be entirely appropriate. The 2010 ABC ruling by the ECHR, on foot of which the government’s Expert Group drew up its report, requires the government to make clear under what circumstances abortion is available in Ireland and to make provision for that. Legislation is currently restricted by Art 40.3.3 of the Constitution. But this does not necessarily prohibit abortion for medical reasons. 40.3.3 declares ‘The State acknowledges the right to life of the unborn …’ and requires that the state’s laws protect that right. In situations of fatal foetal abnormality, it could be argued that since a non-viable foetus cannot have any independent ‘life’, there is no life of the ‘unborn’ to protect. So it is at least arguable that legislation to allow termination where fatal foetal abnormality exists might be permissible under 40.3.3; and that at very least TFMR should be allowed make a presentation to argue for such legislation. Such legal provisions could be introduced as a separate section within the main bill and if subsequently struck down by the supreme court could easily be removed. The test of the constitutionality of termination for fatal foetal abnormality should be made and not dismissed out of hand. The anti-abortionists did not anticipate the X Case ruling; they cannot predict the outcome of the introduction of legislation permitting abortion in cases of fatal foetal abnormality and do not want to test its constitutionality under 40.3.3. In any case, this is yet another argument for repeal of 40.3.3 and legislation for abortion in Ireland.

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    • @ Brendan Young, I was thinking about how to get around Article 40.3.3 of the Constitution and the narrow limits of the X case. That’s not a bad solution at all which you suggest. It’s resourceful.

      Until Article 40.3.3 of the Constitution, the Eight Amendment which enshrined Roman Catholic dogma into our Constitution, we will continue to be plagued by legal and medical issues, not to mention human misery, resulting from this misconceived Constitutional provision.

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    • This was exactly what I was thinking. How we can logically hold – for example an anencephalic foetus’ life to be equal to the woman it resides within? This is utterly ludicrous.

      It was my understanding that the ECHRs rejection of, I can’t remember which it was, D? Was because they reckoned she hadn’t tried the constitution to see if Ireland would be silly enough to try and consider a non viable foetus equal, she had just terminated in the UK. It was a technicality that it was struck down on if memory serves, so it still requires clarification.. I would have thought that TFMR would get a mention – their plight was highlighted in the preface of the expert report. I can see the argument of it not being strictly relevant to ABC or X, they are certainly more relevant to the debate than bishops and Immams (and apparently some atheists who have been permitted).

      If TFMR is not addressed in a timely manner after emergency legislation it will be a total disgrace. I would prefer they did it all together and did it properly but I guess we will have to take what we get and work from there..

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    • @ Shanti Om, only in Ireland could we have a consultative process which considers members of the Roman Catholic Church Hierarchy as having more value to contribute than TFMR.

      It truly is a perverted view to consider a foetus without a brain as legally on a par with sentient, feeling, person with her memories, relationships, connections, aspirations, love, her desire for the future, her life remaining to be lived and her full human worth. We live in a strange Alice in Wonderland world when the life, health and welfare of a woman enjoy no priority over unselfaware foetus.

      The life of one pregnant woman is incomparable with all the foetuses in the world.

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  • My body should not be a legal battleground. Respect a woman’s choice and ability to decide what is best for her in her unique situation. Which you cannot know unless you’ve walked in her shoes. I respect a woman’s choice and would never force pregnancy or abortion upon anyone. So why is it ok for the state to?!

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    • Lisa this is not about your body. Lets be sensible here. The baby a woman carries has her own body. This is the body under attack.
      As an aside can you list any women in Ireland that have died due to lack of abortion facilities?
      Obviously poor Savita cannot be an example as she sadly died from post operative complications from exactly the same procedure that would have been used to perform an abortion had she had one.

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    • Sheila Hodgers. And while it can’t be certain that Savita would have survived if she had been able to access an abortion, the risk of complications would have been greatly reduced.

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    • @Nicky
      The risk of anything is completely opaque right now in that case so your statement is incorrect.

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  • Is there a live audio link to the committee hearing? Or is there anywhere to see the statements made by speakers? Personally, I think the speaking list is a little unbalanced in favour of the pro-life side.

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  • Orly 07/01/13 #

    Because terminating a foetus when it is unviable and a threat to the life of the mother is child abuse. Allowing women to die so that they can deliver a stillborn is done to avoid abusing children, not because this country’s abortion laws are archaic, misogynistic and based around the lunacy propagated by a religious institution.

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    • I couldn’t agree more, Orly. The best way to propagate child abuse and inhumane treatment in general is to put religious dogma and centuries old teachings ahead of people. That’s how an instition can on the one hand condone child molestation, and on the other condemn abortion.

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    • That’s a straw man. Claim my argument us other than it is, assume my religious, ethnic background and then tear down the easily destroyed straw man, throwing in a few ad hominem. The old 1,2!
      But it avoids the issue that abortion ends a life every time.

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    • Not a straw man, Leigh. You brought child abuse into the debate. Your staunch viewpoint echoes that of faith based organizations, and suggests you believe a foetus has an immortal soul. Are you saying I have no grounds to connect your religious-sounding comment, your mention of child abuse and the dire track record of the largest religious institution in the country with child abuse? If I presumed wrong , I apologise, but you’ve some way to go to convince me that a foetus and an 8 year-old deserve the same rights.
      I’ll admit that saying you need to grow up is ad hominem, but your comments so far have been quite immature.

      Reply
    • Sorry old chap, forgive my lack of sophistication please. I was blissfully unaware that human rights depend on some persons relative size.
      So according to that measure big people, like adult male child predators, have more rights than a five year old?
      By your measure child abusers would have more rights than those whom they abuse, as would any adult female over the baby they want to dismember.
      Seems that I, myself, might be inline for “termination” if your arbitrary measure of “maturity” is what we are going by too!
      How are you defining maturity?
      When does a human being’s right to life stop? Is it when they are under a certain size? 2 years old perhaps?
      The truth is that terminating a pregnancy always ends a human life. So it is a pretty black & white issue, religion aside. It’s not good for the baby or the mother.

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    • No I don’t think arbitrary qualities like size or gender or ethnicity entitle one person to better rights than another. I actually can’t follow about a third of your last comment, but I’ll respond to the bits I understood.
      I believe it is morally acceptable to kill a foetus under 12 weeks. Yes it is a living thing, but it has a long way to go before I’d consider it a human life, on a par with a newborn baby, a child or an adult.
      The fact is, having a baby too early or late in life or with the wrong person can have a massive impact on a woman’s quality of life. To me this outweighs the right to life of a foetus in the very early stages of pregnancy.
      As far as I’m concerned, people who won’t be materially affected by the abortion should mind their own business and allow the woman to choose. Their moral outrage does not entitle them to a say.
      As for situations involving rape, still birth or risk to the mother, that should he a no-brainer for everyone. I think it is particularly cruel and potentially dangerous to refuse an abortion in such cases, as has been shown.
      I’m not sure what the definition of immaturity is Leigh, but saying aborting an 11 week old foetus and killing a child are the same thing is, in my book, pretty ignorant of the complexity involved. And when you try to rate it alongside the abuse of children for shock value you are betraying a serious lack of understanding of either. Whether your opinions are religiously motivated or not, you just sound like a pr!#k.

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    • @Fred you are wasting your time there is no point in arguing with the self righteous, they have all the answers. In the real world we know that the answers cannot be found in the Bronze Age writings of a middle-eastern tribe.

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  • I still don’t know why the church are having anything to do with this, this is not and should not be a religious issue its a medical one and they should have No say whatsoever in what is decided.

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  • Why would they want TRMR when they can have bishops tell them what ‘God’ would like them to do. I’m sure it has nothing to do with the church being a hugely influential organisation which uses money to get what it wants… I wouldn’t be surprised if they were in talks over bringing back magdalene laundries. Women were locked away and silenced, just as women must travel under a shroud of silence and stigma to England, to access basic medical care.

    When they require chemotherapy to save their own life, when their much wanted pregnancy is unviable and women don’t want their child to suffer a slow, painful death upon birth, when a woman has been raped and does not want pregnancy forced upon her too, when a woman is suffering from a physical or mental illness and does not feel she could cope with a pregnancy. Women with experience of abortion – the people this legislation affects asked if they could have their say and be heard – and the government didn’t listen. But bishops get special attention.
    That says it all.

    The Irish government has no regard for the basic human and reproductive rights of the women of this country. Church and state are clearly not yet separated.
    They have crossed the line from lobby group to special interest, while 150,000 women who have accessed abortion have no say.

    Unbelievable. More women will die, more women will suffer.

    Legislation won’t be the start of abortions in Ireland. It will be the end of women dying due to lack of legislation in Ireland.

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  • Orly 07/01/13 #

    My post below was supposed to reply to this.

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  • This country will be forever backward if we consider the opinions of the church before the voices of our fellow citizens who have genuinely suffered because of our church influenced laws. These laws are not only archaic but cruel. So many, who have no right or reason to have an opinion aired,and have not been affected by the issues raised, are part of the discussion, so why is THEIR opinion valid while those who have, are being ignored ? A farce in my opinion. Typical of this government. All action is for showing face and not taking any proper action. Shame on them.

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  • Atheist Ireland have applied and been accepted to take part in this hearing. http://bit.ly/Uuzvmy They too were uninvited (see link), but requested and got this hearing. A dreadful pity TFMR haven’t done the same. I’m sure their supporters would have been only too willing to email the committee members to support that, in the same way as AI supporters did. Perhaps it’s not too late?

    Reply
  • This country will be forever backward if we consider the opinions of the church before the voices of our fellow citizens who have genuinely suffered because of our church influenced laws. These laws are not only archaic but cruel. So many, who have no right or reason to have an opinion aired,and have not been affected by the issues raised, are part of the discussion, so why is THEIR opinion valid while those who have, are being ignored ? A farce in my opinion. Typical of this government. All action is for showing face and not taking any proper action. Shame on them.

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  • Oh grow up.

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    • Btw, the “oh grow up” comment was a reply to Leigh de Paor.

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    • Grow up and become a manly baby killer? Is that what you mean?

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    • No Leigh. I meant grow up and look at the issue from all sides, not just the extreme edge. Grow up and recognise that terminating a pregnancy is not as black and white as you let on. Grow up and stop characterising a very diverse group of people as child killers.

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    • Leigh:
      Why is it, that so many from the anti-abortion side will equate those to be in favour of a society where women have the choice to decide how they are best able to deal with a crisis pregnancy with those who would support infanticide and/or homicide on any human being who does not fit their perceived understanding of what’s “normal”.

      Would I personally have to carefully consider my options if I was told my unborn baby was incompatible with life or disabled in a way that would seriously impact on their quality of life? Yes, of course…Though I cannot honestly say what the outcome would be, I believe that decision should be mine/ours. Are you willing to make that decision for me and deal with the potential fall out? (Marriage break down, other children in the family feeling sidelined?!) That decision does not just affect the feotus and its mother…it affects the whole family, quite often.

      Would I abandon or even willfully harm or kill any child of mine that is born with a previously undetected disability/medical condition? Of course not! You’d make the best of the situation and would love that baby like you would any other child. Most parents would not do that, so stop trying to make out that to be the case!

      Reply
  • Legislation in the area they seek legislation is flat-out unconsitutional, so it’s hardly surprising.

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    • JoJo 07/01/13 #

      That’s because the 8th amendment is a deeply flawed piece of legislation and needs to be repealed.

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    • your correct in saying that what they want is currently constitutional. However they represent one of few if not only groups that have taken the boat to England and thus should be listened too.

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    • What? The constitution is quite clear that abortion is permissible in circumstances where the life of the mother is under threat, which has been interpreted by the Supreme Court in X to include risk of suicide, and this position reinforced and the need for legislation reiterated in A, B and C v. Ireland.

      Now, either I need to ask for my money back for my legal training, or you need to stop bullsh!tting.

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    • Granted, where the life of the mother isn’t under threat, then there’s no scope for abortions, even if the foetus is unviable.

      So it appears I’m the bad guy here. Sorry John, you just have that kind of face.

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    • Did the Judges in the “X” Case make an error of judgement?

      In 1982 the then AG (Attorney General) advised the then Taoiseach CJH that the draft wording of the Constitutional Amendment was “flawed” and open to legal challenge.

      CJH refused to accept the advice of the AG at that time!

      A legal mess was thereby created.

      Thanks to Fianna Fáil

      113 physiatrists advised the current Government ( Fine Gael and Labour) that suicide should not be in the proposed legislation!

      The Government have so far refused to accept their medical advice!

      WHY?

      Another big mistake under way!!

      Sad reflection on Fine Gael !

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  • Allow abortion only where the mothers life is in danger and the risk of suicide i fear may see abortion on demand and I’m against that.

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    • Orly 07/01/13 #

      I think there might be a problem with the reply button :/

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    • There’s a solution to that Ollie.

      Don’t demand one.
      And as long as you don’t look at the airline passenger lists, you’l never have to see it.

      Over the sea and under the carpet, an Oirish solution to a woman’s issue.
      Makes us feel sooo saintly and scholarly.

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    • We already have what you term “abortion on demand”, Olibhear. We just outsource it to England. The phrase implies abortion is a flippant decision made by expectant parents, which in my experience it is not. The motivations and feelings of parents who choose to terminate a pregnancy for personal, non-medical reasons are far too often misrepresented in this debate. Pro-life groups use the phrase to block abortion on all grounds. That’s why including the TFMR in the discussion is so important.

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  • And that has nothing to do with what this committee is discussing.

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    • What?

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    • I’m afraid to admit John has a point.

      The committee is not having a broad discussion on abortion. If it was I’d also be troubled at the omission of this group.

      Their strength in appearing on the Late Late Show was so powerful and it shows the need for action on this issue. However to bring about this issue we’d need to have a referendum.

      The committee is specifically discussing legislative change within the existing constitution.

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  • My comment above was supposed to be a reply to this.

    Reply

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