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Dublin: 10 °C Saturday 18 May, 2013

Government likely to make X Case decision early next year – Reilly

Minister for Health James Reilly said he had read the report from the expert group a number of times and confirmed the Cabinet will be discussing it on Tuesday week.

Image: Julien Behal/PA Wire

MINISTER FOR HEALTH James Reilly has said he believes the Cabinet will make a decision on whether to legislate for the X Case early next year.

Speaking this afternoon, the Minister said he wants to see “definitive measures” which will address the current legal limbo around abortion rights in Ireland but said the consultation should not be dragged out for months on end.

Minister Reilly confirmed that the Cabinet will discuss the expert group report into abortion at its meeting on Tuesday 27 November. The report looks at how Ireland should react to the European Court of Human Rights’ judgment in the case of A, B and C versus Ireland.

Reports today suggest that the report will propose a number of options available to the government to comply with the ECHR judgment, including introducing legislation, holding a referendum or bringing in guidelines. However the Minister said that contrary to some suggestions, he has not yet come down in favour of any particular option and warned against rushing into a decision.

“I don’t think that it’s something we’re going to solve in a matter of weeks,” he told RTE Radio One’s This Week programme. “It’s something that’s going to require a lot of consultation, I’ll bring the report and my analysis and that of my Department to Cabinet on Tuesday week. We will have a discussion there and we will plan the next steps from there”.

He said he would not make guesses about the Cabinet discussion on Tuesday week but said he believes there’s consensus that the decision should not take “months and months” to be reached.

“It would be wrong of me to pre-empt what Cabinet will decide on Tuesday week but that’s my view and I think we’re all of one mind,” he said. “I think the Taoiseach is quite right, we don’t rush this, but at the same time we don’t leave it on the long finger because, you know, this is always a situation in any analysis of a situation like this that you have to match the urgency of the situation with the need to have a thorough and proper consultation and a plan to deal with it and I don’t think that we can rush this in weeks but neither do I think we can afford to leave it for months and months on end”.

Reilly said he has read the report a number of  times but will need to study it further. The Taoiseach, Tánaiste and Minister for Health are the only Cabinet members who have received the report, Reilly confirmed. He said that the Attorney-General had not been given a copy.

Savita Halappanavar

Separately, the BBC reports that more than 50 members of the European Parliament have signed a letter which calls on the Irish government to change Irish abortion legislation.

The letter, which was initiated by Socialist Party MEP Paul Murphy, calls for the government to allow for abortion if a woman’s life or health is at risk.

Speaking this afternoon, Minister James Reilly said he will insist that the family will have an input into the terms of reference of the report into Savita Halappanavar’s death.

Read: Sinn Féin calls for all-party support for its X Case motion >

Read: Thousands attend rally in Dublin city centre >

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Comments (85 Comments)

  • Karl 18/11/12 #

    Early next year? Wow! More sharp movement and decision-making from this government.

    Reply
  • Bondholders one night
    Women’s health and rights 20 years and counting

    Reply
    • Mick 18/11/12 #

      Snore, stupid comment…We all know the way that turned out…better to do a good job than a quick one…in all aspects of life ;-)

      Reply
    • Yet when a FF judge is letting his building to a Head Shop, legislation on an entire industry can be passed in record time!

      While i’m aware FF were in power at the time, i see NO difference between FF & FG

      Reply
    • alan 18/11/12 #

      Ok. Give them another 20 years or more. That way we will be guaranteed good law

      Reply
    • if this government or the last government were ever to decide on lets say the invention of the wheel we would all still be clad in fur skins
      for socalled highly educated(government) individuals their logis stinks.
      their overwhemling selfbelief in themselfs is nothing short of a betrail of every democratic principle in every consitution

      Reply
  • legislate now !

    Reply
    • Karl ,you’re right. We got an unasked for blasphemy law on the quick quick and we wait 20 years for legislation on the X case.

      Reply
    • These guys just do not believe in rushing themselves .
      Reilly, Kenny, Bruton, Burton, Hayes, Gilmore, they are all a shower of ——
      fill in the gaps
      I can not their lack of care or empathy. Do they have wives ,daughters, sisters ,nieces
      SHAME on you all for the LACK of NEO NATAL care in this country. Are youse all so two faced?

      Reply
  • JakkiB 18/11/12 #

    On whether to Legislate?!?!?! So this means they still are sitting on the fench!!! Ohhhhh ffs I have to get off the internet now or I will say things that will get me into trouble!!
    See you at the Dail on Wednesday Mr.Reily……

    Reply
  • Theres only one reason for this announcement to happen today. Its to pre-empt the vote on tuesday in the dail and claim its pointless as legislations being looked at in the new year. Just like the vote in april when they claimed that they had to wait for the expert group.

    Shameful

    Reply
  • Absolute Disgrace. Cowards the lot of them.

    Reply
  • Blah, blah, fudge, fudge, defer, defer, hope and keep hoping it just goes away.

    It’s not going away.

    I’ve my plan and though it’s a small contribution am sticking to it. I read this: http://jasonomahony.ie/lobbying-your-td/ – it’s fantastically good advice.

    So I intend to write – on real paper, with a stamp an’ all – to two particular TDs every week, reminding them that my vote depends on action on this issue. I’ll only stop when something is done. It’s not a lot, but if a lot of people do something similar we can make sure this does not get swept under the carpet yet again.

    Reply
  • at what point will the womans life be at risk? when when she’s on the brink of death???

    Reply
  • What like the previous 20 odd years. FFS this gov are a disgrace.

    Reply
  • Ireland has progressed a LONG way since the X case 20 years ago. We are no longer satisfied with a piece of legislation worded to suit the government. We will settle for NOTHING less than a woman’s RIGHT TO CHOOSE!!! We have had a succession of gutless governments, including this present government. It took the senseless death of Savita Halappanavar to shock the nation into action and SHAME the government to utter meaningless words. Even though the vast majority of the Irish people are upset and extremely angry and the eyes of the world are watching and listening. Enda Kenny has the nerve to say he will not be rushed into doing anything he is not happy with!!!!! How dare he??????? Two TV polls earlier this week showed how much attitudes towards abortions have changed in Ireland. The first poll asked “Should abortion be legalized in Ireland?” a resounding 75% said YES, over 1000 people participated in this poll. The second poll was 82% YES!!!! There were close to 20,000 people on the streets protesting on Sat (RTE news said a measly 6,000!!!!!!!) almost 8,000 signed up to attend on Facebook alone!!!! They are trying to manipulate the numbers. If Enda thinks we are going to fade into the background again, he is in for a rude awakening……. There were people of all ages on the protest march, young and old alike, men and women in equal numbers. We are not going to allow this government to use women’s rights as a political ball anymore!!!!! ENOUGH IS ENOUGH

    Reply
    • It is just a tad depressing that what’s being argued over here is ‘mother’s right to life’ versus ‘woman’s right to choose’, isn’t it? We’re woefully behind the rest of the developed world on this front, and even if the government do pass the kind of legislation being discussed, it will have taken twenty years and the death of a woman to get rolling, and be painfully basic – and they’ll be patting themselves on the back for it even as the pro-life/anti-choice crazies fret over doctors abusing this law to conduct abortions.

      Reply
    • and not sure why that didn’t post as a new comment! *prods site* Though I suppose it’s a good one to be replying to… :)

      Reply
    • The image of someone attempting to prod a site has given me a chuckle though. :)

      Reply
  • We are only waiting 20 years!! Now they say they will make a decision next year?!? Not good enough … We need change now!

    Reply
  • Not good enough. We’ll have to keep getting out on the streets to demand action NOW.

    Reply
  • Too late and too long a wait do it now you bunch of lazy church abiding cowards.

    Reply
  • can anyone tell me who exactly are the expert group, who is it made up of and who decided who went on it?

    Reply
    • M Barron 18/11/12 #

      The expert group is chaired by justice Sean Ryan and made up of experts in the fields of law and medicine as far as I am aware

      Reply
    • knowing polititicans…the group will be made up of 2ex priests,2 ex nuns, 3members of the I.C.A., 3Catholic school teachers….you get my drift

      Reply
    • @ Les Rock – A little bit of research Les and perhaps even a little bit of reading of the article you are commenting on would tell you that group was setup early this year, has actually finished its deliberations and produced its report which is with the Minister at the moment and will be discussed by the Cabinet next Tuesday.

      Just for the record the membership of the group was as follows:

      Dr Peter Boylan, Consultant Obstetrician and Gynaecologist
      Dr Mary Holohan, Consultant Obstetrician and Gynaecologist
      Dr Imelda Ryan, Psychiatrist
      Dr Ailish Ni Riain, General Practitioner
      Dr Mark Walsh, General Practitioner
      Ms Christine O’Rourke, Office of the Attorney General
      Ms Mary O’Toole, Senior Counsel
      Ms Joanelle O’Cleirigh, Solicitor
      Ms Denise Kirwin, Solicitor
      Dr Deirdre Madden, Medical Council
      Dr Maura Pidgeon, An Bord Altranais
      Dr Tony Holohan, Chief Medical Officer, Department of Health
      Mr Bernard Carey, Assistant Secretary, Department of Health

      Not too many Catholic school teachers there as far as I can see or nuns or priests. But sure why let the facts get in the way of an ill-informed rant!

      Reply
  • Cowards and buck passers all of them. Do your jobs and legislate.

    Reply
    • writing legislation that covers most of the angles , covering all is impossible, will take the legislative draughtsmen quite a while.even then there may well be constitutional court cases.just as the first abortion referendum ending up meaning something unintended because of legal interpretations of wordings, so could whatever they come up with now. also, as they say hard cases make bad law.

      Reply
  • Not surprised in the least, they’re a right wing christian party acting like right wing christians. It would be laughable if it weren’t a matter of life and death. Reilly has no right to refer to himself as a doctor.

    Labour need to step up NOW, but I don’t hold much hope.

    Reply
    • Derek Larney, the first part of your comment is wrong and the second part is wrong. There was no legislation and the president did not sign anything. Get the facts right before issuing a comment.

      Reply
  • Watch this space – they’ll do nothing

    Reply
    • Typically, you’d be right Kingstown, but somehow I don’t think they will get away with doing nothing this time. For the first time in a long time, they might be forced to awaken from their submissive slumber, and actually represent the wishes of the majority of the people. Here’s hoping.

      Reply
  • I just listened to and then read the transcript of Michelle Mulherin FG TD interview on Newstalk on the matter of Savita’s death and the need or not for legal reform. I was unable to decipher any meaning or reason out of it other than FG TDs have not yet been told what to think or what to say. It truly is the case that the whip system reduces ordinary TDs to the status of cannon fodder.

    What is the difference between a FG TD and a foetus? A foetus has the potential to develop intelligence and independence of thought.

    Reply
  • The Government had no major difficulty moving mountains to guarantee the banks literally overnight, yet when it comes to what is one of the most serious and contentious social issues of our time, it has taken 20+ years to legislate.

    It’s very disappointing to see that when it comes to this issue, the main priority appears to have been to avoid discussing it as it was too controversial to touch. I really thought Ireland had moved on from the head-in-the-sand attitude to social issues like this.

    This is the same country that only legalised the sale of condoms without a prescription in 1985 and had to be basically dragged through the European Courts before it decriminalised homosexuality in 1993! Again, I think at that time (especially by 1993) it was more a case of the political system didn’t want to discuss issues for fear of wakening up some right-wing voters rather than some kind of deeply conservative electorate dominating debate.

    We really do need to see a lot more bravery from our TDs and Senators on controversial issues like these. I know some of them are, but we need to see a lot more TDs willing to take stands on controversial subjects.

    Avoiding debates on controversial subjects like these only makes them more difficult to deal by turning them into huge taboos that need to be broken before debate can even start.

    Reply
  • We are back to Ireland of the 50/ 60 again, Catholic Church in the back round pulling the strings.

    Reply
  • Anyone want to play, Kick the Can?

    Reply
  • I think abortion on demand should be available up to at least 9 weeks

    Reply
  • Legislation like this takes time to write. They need to ensure there’s no loopholes that people can use to prosecute those who carry out terminations in an attempt to save a mother’s life. They also need to make sure it’s constitutional.

    Reply
  • It seems from the facts which have emerged so far that Savita’s death was due to the Eight Amendment and the Offences Against the Person Act, 1861, which had the direct effect of depriving Savita of the medical treatment which would have prevented her death or at least considerably reduced the risk of death.

    If it is established that Irish law contributed to or caused Savita’s death, would Sebastian Anthony Borges support legal reform to prevent a repetition of this sad tragedy?

    Does Sebastian Anthony Borges think that the life of the mother or the continuation of the foetus should take precedence if there is risk or potential risk to the life of the mother?

    Reply
    • Well Peter you can propose a constitutional amendment stripping an inconvenient minority of their human rights to bring benefits to the majority. I would love what emotional pitch would be used to spin that one.

      Reply
  • Why the delay? This should be a no brainer.

    Reply
  • Taking a purely pragmatic view Minister Reilly is correct not to rush into anything. for those who advocate “Savita’s law” look up “Megan’s law” which was passed in a wave of hysteria and emotional flux. Look at the shambles that turned out to be. Legislation on any topic has to be drafted in the cold light of day.

    What I read here is a fear by the abortion lobby here that the wave of hysteria and emotional flux that they are hoping will bounce the government into committing to something will soon evaporate and it will become clear that any potential X-legislation would not have saved Savita leaving the abortion lobby looking very very foolish.

    Reply
  • The last thing we should do is rush legislation. I want to see action on this, but time must be given to test the impact and constitutionality of any legislation.

    Reply
    • I think you missed the point of the article there David. This isn’t a delay to write the legislation required, it is a delay to decide on whether to legislate or not. Is 20 years and god knows how many preventable deaths that haven’t even reached the media not enough to decide?

      Reply
    • Who told you that? That statement reeks of delay tactics waffle.

      If this government is willing to go ahead with a referendum after the supreme court rules it was biased, they can’t be too worried about laws and legislation. so they can get down of their high horses and make things happen if they wanted to.

      Reply
  • Abortion to save the mother’s like is allowed in Ireland .

    Reply
  • Ireland abortion laws had nothing to do with this poor lady’s dearth . In fact, without abortion, Ireland is one of the safest places in the world for a mother to have a baby, according to the United Nations,”

    Reply
    • Do me a massive favour have a look at rate my hospital and then come back to me and tell me Ireland’s safe to give birth personally wouldn’t even let my cats give birth in Nat Maternity hospital but that argument is for another day

      Reply
    • Have a look at rate my hospital, wouldn’t let my cat give birth in Nat Maternity hospital but that’s for another day

      Reply
    • Sweden and Greece are also the safest, and they have abortion.

      Reply
    • But not as safe as say Italy which is rated as the safest place and guess what, YES abortion is legal there. The safety of having a baby where actual difficulties exist cannot be measured with any degree of accuracy once we keep exporting women with problem pregnancies to Britain – the stats mean nothing.

      FYI Ireland’s abortion laws have everything to do with this case, this lady could not have a medical abortion because a heartbeat could still be detected and an imminent threat to life as opposed to possible threat health did not exist. Pain and agony of physical and mental nature existed but that is “supposedly” not important; imminent threat to life is all that matters – sickening and shameful.

      Reply
    • Sick of this ‘fact’ being spouted. From AIMS, Ireland (Association for Improvements in Maternity Services, Ireland):
      “There is alot of misinformed stats being thrown out following the tragic death of Savita with regards to Ireland’s maternal death rates.

      Ireland’s classification system masks the true numbers for maternal death. In EU and UK, maternal death is recorded for direct and indirect deaths (homicide, suicide, etc) in pregnancy, birth or up to a year after birth. In IRELAND, maternal death is only recorded for direct death (ie maternity related complications) in pregnancy, birth, and only 42 days following birth. Once Ireland is forced to comply with EU standards of classification in 2013, our rates will jump from 1 per 100,000 to around 10 per 100,000 – similar to UK and EU states.”

      Reply
  • msmini 19/11/12 #

    Don’t get me wrong here, I feel very much for Savita, her husband and family and I do feel the current laws on abortion are antiquated and even barbaric. However, I’m getting a little peeved at the fact that the Indian government are stepping in, telling us Irish to change our laws!!!!! Back up the truck for a minute. However backward our laws may, or may not be – their current, and their Irish law.. And I find it difficult to believe that this situation never happened to an Irish person and because if being Irish it was brushed under and little or nothing said about the tragedy because – doctors followed procedures. Horrible, antiquated procedures, but current…. Enough is enough.

    Reply
  • Cue the red thumbs when I point out that we haven’t been waiting 20 years. There was an attempt to legislate for the X case in 2002 when the government of the day held a referendum on the issue which everybody seems to have forgotten.

    However it was narrowly rejected and opposed by both sides of the abortion debate. The pro-life side campaigned against any inclusion of the right to abortion in the Constitution while the pro-choice side campaigned against it because it effectively would have narrowed the decision in the X case by removing the threat of suicide as grounds for an abortion.

    Does anybody seriously think a referendum would be passed in the current climate? No matter what form of words or choices were given it most likely wouldn’t suit either side. Add to that the fact that because this will be promoted by the Government you’ll get the usual people voting against it because the Government is for it. So I’d say it wouldn’t have a hope in hell of passing.

    Reply
    • Jim
      The referendum would be passed of course. Thing is Enda WILL NOT introduce a referendum on this issue . He has constantly said that he would not be comfortable for a Referendum on this … As I said the other day Call a spade a spade and a tool a tool. Enda is no spade!

      Reply
    • Its not what the polls suggest, and I would hope we have matured enough to realise that women have total control and autonomy over their own bodies;. we might pretend that they don’t but we also ignore the fact that 12 women leave Ireland every day to have an abortion.

      Reply
  • “The letter, which was initiated by Socialist Party MEP Paul Murphy, calls for the government to allow for abortion if a woman’s life or health is at risk.”

    So is there any lawyer here that could clarify that ?
    I thought it has always been a case in Ireland (well, since 1993 I think).
    If this is the case, then why did not apply to this woman who died?
    Were there other factors that doctors considered her life is not at threat?
    If so, probably they have made mistake.
    If so, then who is held responsible?

    Reply
    • The constitutional amendment (which lacks the relevant legislation to back it up) distinguishes between the life and health of mother. It’s only her life that’s to be protected, health complications are not actually considered adequate grounds.
      When exactly does the mothers right to life become a priority? It would seem only when she is in a critical condition.

      Couple that with an equal right to life of the unborn and legislation that seeks jail terms for procuring or administering an abortion and this is where you end up.

      Reply
    • Thanks Shanti, that answers my question and clears up.

      Reply

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