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Dublin: 13 °C Saturday 25 May, 2013

Gilmore: We need to bring legal clarity to abortion issue

“This will not be the seventh government to neglect and ignore this issue,” Tánaiste Eamon Gilmore told the Dáil this morning.

Eamon Gilmore in the Dáil this morning
Eamon Gilmore in the Dáil this morning
Image: Screengrab

TÁNAISTE EAMON GILMORE has said that this government will not become the seventh to “neglect and ignore” the issue of the Supreme Court ruling abortion on the X Case and said that “legal clarity” needs to be brought to the matter.

At Leaders’ Questions in the Dáil this morning, the death of Savita Halappanavar was again raised with calls for the expert group on abortion’s report – which was delivered to the Health Minister on Tuesday – to be published immediately.

Gilmore said that he expected that copies of the report would be passed to the Taoiseach and himself at some point today but did not say for certain whether it would be published and gave no indication of when it might be.

Fianna Fáil, Sinn Féin and independent TD Thomas Pringle all called for the report to be published immediately but Gilmore would only say that he expected it will be published.

“This is an appalling loss which I think has rightly touched the hearts of all of the Irish people,” the Tánaiste told the Dáil this morning while adding that the full circumstances of the case were not yet known.

He said he was “deeply concerned” by the circumstances of the Savita case which have emerged in recent days and said it was a moment for “determined action”.

“There are issues which we have to address, to which we need to bring legal clarity,” he said, later adding: ”It is time in my view to bring legal clarity to this whole issue.”

Fianna Fáil’s Niall Collins said that it was incumbent on the government to publish the report and allow a full debate on the issue and asked Gilmore to outline the steps of arriving at a consensus on abortion within government.

Gilmore said: “We’ve heard what Savita’s husband said yesterday and I think as legislators we have a duty to respond and act and deal with it.”

Sinn Féin’s Mary Lou McDonald said that she feared that the current government would “kick the issue down the road, yet again.”

“We need action, it needs to be speedy,” she told Gilmore.

The Tánaiste said: “My position on this issue is known for a very long time. I am on the public record for over 25 years as to how this issue should be dealt with.”

He later said: “This will not be the seventh government to neglect and ignore this issue.”

Poll: Should Ireland legislate on the X Case ruling?

Savita scandal: Reilly urges TDs not to prejudge results of inquiries

Savita: Abortion report completed as FF calls for independent inquiry

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Comments (82 Comments)

  • Welcome to Ireland, where “the law” prevents us from being able to tackle failed bankers and politicians pensions, but where “the lack of law” causes the deaths of women. Wonderful place, you should all “gather” here!

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  • Light dawns in the impenetrable thickets of Leinster House. I’ll believe it when I see the legislation passed, Mr Gilmore!

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    • Chopper 15/11/12 #

      @Mary, true, I wouldn’t hold my breath for legislation. He was very careful with his language as “legal clarity” doesn’t necessarily mean legislation, something many FG TDs have said they won’t support. They’ll dither for a few months, then change the Irish Medical Council regulations/guidelines.

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  • Eamo you had your chance to legislate in April, you duly voted no, What a horrible insincere little man.

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  • But they ARE the seventh to neglect and ignore it. Now a woman is dead. Shame on them. Shame on them all.

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  • TDs had a chance to look at legislation back in April, and Gilmore was one of 111 TDs who voted against it. Seven months ago things could have changed but the majority of TDs chose to brush the issues aside. Any TD who voted “Níl” at the time but is now speaking out against the horror that Savita went through is a massive f**king hypocrite.

    Make sure you know who’s actually representing your views in the Dáil.

    http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail2012041900006?opendocument

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    • I was actually just about to check that.

      Mr. O’Dea’s office replied this morning to emails sent in by many to him over this issue. It was the pretty much expected attitude of “let’s wait and see what the expert report says”.

      I’ve replied that he was one of those who voted this down also….and went a little further too.
      I hope that if people are getting glib replies that they can see their way to challenge them.

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  • Don’t hesitate… Legislate!! Our Draconian laws are showing us up on an international stage!

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  • Correct me if I’m wrong but did not Gilmore’s government vote down a bill on the legislating on the X case this year already?

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    • SF and some independents were the only people to vote for the legislation. So the rest who are calling for this to be dealt with are hypocrites and murderers. Their Níl vote cost this woman her life.

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  • Another empty promise from Gilbore.

    Which will he tackle first – gay marriage or abortion? or will he duck them both?

    Perhaps that is why he has had to hire a FOURTH adviser.

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  • Wasn’t Gilmore one of the many ministers who voted not to legislate this when a bill was introduced by Clare Daly earlier on this year? Very sad that it took a beautiful woman’s death to kick the government into action.

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  • “This will not be the seventh government to neglect and ignore this issue.” eh…TOO LATE! YOU are the seventh government to neglect the issue, Mr Gilmore you have had 2 years to legislate for this scandalous situation and instead, along with your FG partners you have hidden behind the excuse of a ‘panel of experts’ whose report the health minister received yesterday but according to him this morning he hasn’t read yet, now there’s urgency for you! A woman has died because the cowardly gombeens who pass for politicians in Ireland have been too scared of the religious right wing and the powerful ‘pro life’ mafia to do anything about it. It is an absolute disgrace that it has taken 20 years and 7 governments to reach this sorry point. As an Irishman working in the UK I have been asked about this from 3 different people this morning, one asked “what is wrong with the Irish, why can’t they just make abortion available to those who want it and for those who for religious or moral reasons don’t wish to have one then nobody is forcing them to have an abortion, why are they so determined to stop those that do? “Another asked, why is it your government could bring in a blasphemy law but it can’t /won’t deal with something as important as this” Finally, “why are the Irish still stuck in the 50′s when it comes to abortion, even after all the catholic church has done to your children you still call yourselves “a catholic country” the mind boggles” I am also asking myself what the hell is wrong with the Irish people, how can we allow this to happen and why are we letting these bloody overpaid politicians to get away with neglecting their duty as legislators to end this ridiculous situation, they have had 20 years ffs, this has to be sorted out now, Savita Halappanavar could easily have been your sister, mother or wife and it could happen again. It’s just pathetic that this woman had to lose her life because of the inaction of not just the doctors responsible but the cowardly politicians who over two decades have failed to put in place the legislation that would have prevented this from happening shame on them all.

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  • Every elected representative who has taken office since the X case ruling has Savita’s blood on their hands. shame on them all.

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    • Every single person who marked “Catholic” on last year’s census is responsible for this woman’s death.

      It is Catholicism that has prevented abortion being accessible here, and Catholicism only.

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    • Not true John, they were answering a question honestly. They were indoctrined to the catholic faith, against their will at birth and it shouldn’t be allowed till they are old enough to decide what faith they wish to follow!

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    • Neicy- do you even include the ULA etc. TD’s who put forward such a motion last year?

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    • Colm I am well aware that many TDs have brought forward the question but i have always felt this was an effort to appease the pro-choice camp rather than to introduce legislation. Eamon Gilmore and his party should use their position in government to bring about a change that they promised that they would resolve if elected. It is not the only thing that they have reneged on for sure but they are keeping mr head in the sand Kenny in his position and if they thought anything of the people, most importantly those who were duped into voting for them, they would use their position in government to bring about an immediate introduction of the recommended X case legislation. Any elected member who didmt fight tooth and nail to have this legislation inacted is, in my humble opinion, responsible for this terrible situation. They may not be the only ones responsible but if they could not

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    • Regardless of religion – these are the people who make the laws.

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  • The decision is there from the courts the present and pervious governments had 20 years to legislate,they failed hiding behind reports,but hey are votes more important than the lives of women in our society.

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  • Wether it was a result of medical or religious reasons, why haven’t laws being clarified or dealt with since ’92. Who was in government since then, FG/FF/PD/Greens/Labour and they should suffer as a result!

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  • This country, my country, our country. We accept so much. We stay quiet on so much. We rarely unite properly on issues. We shout in the backgrounds and in the shadows and in forums like this. We let our government carry on the way it does and we allow Catholicisim and its fascists way still effect out lives. But we allow it happen. We are responsible for this.. Each and everyone of us. We are not helpless. This is our country and we decide how it is should be. Do we expect another generation to do this? Are we just so used to foreign rule that we are not capable of speaking for ourselves and truly being heard. All of this is born out of a singular issue – fear. A minority should not get to decide how we live. If we shouted so loud we could be heard. Are we all just gonna go out for pints and drink it away? It’s simply wrong

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  • Another sound bite. I don’t wanna hear it Gilmore till it is done.

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  • too little too late Gilmore,would still be on the backburner only this mess has blown up,sure it only took someones life to get it done,shameful stuff altogether

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  • man seems to honestly believe he is still in opposition, every issue is this “should be done” or this “should not have happened”, he’s an embarrassment. stop talking about what should be done and start doing it! that’s why you were put in power but I guess its much easier to pass the buck

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  • Oh look, Labour desperately grasping at popularity once again.

    Go away Eamonn, your party failed every single person who voted for it in every manner possible, from healthcare to education. Go bury yourself in the political hole beside The Greens and don’t poke your miserable head out again.

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  • Medical council guidelines state that an abortion can be carried out if the mothers life is at significant risk, this is already law. If its true that the doctor said that he couldn’t abort because there was a heart beat, and that they were aware the woman’s life was at significant risk at that stage, then the doctor obviously didn’t know his own professions rules which is disgraceful or he was imposing his own moral stance on the issue which is even worse!

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  • @Funny how we have one commentator stating over several threads how it is the fault of the “catholics” that this poor woman died,but yet Gilmore profess’s to be an atheist and yet voted against legislating for abortion.Of course Kenny is running for the hills in case someone asks him a question his spin doctors can’t answer.

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  • The Medical Council guidelines are very clear that doctors can provide all necessary medical treatment to mothers during pregnancy, even if “there is little or no hope of the baby surviving” because of extreme immaturity.

    (And for the record, Catholic teaching allows for treatment in this circumstance too.)

    To expediate labour in the management of miscarriage is not abortion, medically or legally.

    The abortion debate is a separate one.

    14,000 women in Ireland have miscarriages every year. About 7,000 of those require treatment in hospital – those treatments are legal, and are never considered abortion.

    What happened to Savita Halappanavar in UCHG was outrageous. If, as it is reported, she was refused treatment, then this is medical negligence. The Medical Council and the law allows for women to be treated in pregnancy, even if fetal death is inevitable.

    People are right to be outraged about the care Savita Halappanavar received — but that outrage should be directed at the hospital, not at the law that already allows women like her to be treated.

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  • We need to bring legal clarity to what democracy is first. If democracy exists only through the CONSENT of the governed, then what happens if you don’t consent to have your life decided by mob-rule? Are we free or are we slaves er….. Sorry forced to endure the ‘Democratic’ process.

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  • You`re my hero happy .

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  • It sickens me that this papist cult has such a hold that it still influences our so called law makers. Look at them dither for fear of priestcraft and the papist hoard. The effect of this cult on our society had been poisonous.

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  • Could someone pls tell me why this story was only published in recent days?

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  • G 15/11/12 #

    Again, this is hearsay Nick, we don’t know what went on and we haven’t heard the doctor give his version of events. Until that information is in the open this is just speculation and scaremongering. time will tell, but I find it incredibly hard to believe a doctor would break the law by not giving the patient the best care possible because he was unclear about our constitution.
    Aoife – It is best to let a doctor decide the individual case surely than prescribing abortion for all based on a statistical report surely!

    Bottom line here – the law is clear, the doctor can do what he deems necessary to save the woman’s life.
    You guys are jumping to conclusions that they ignored this law based on catholic beliefs or constitutional confusion, I think that highly unlikely but time will tell. If they are guilty of this, they will have committed a serious offense and will pay the consequences I’m sure.

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  • In these terrible circumstances it should be permitted, or in the case of pregnancy resulting from rape or if the inevitably of the child being born to live as a vegetable (pardon the expression) but to use abortion as a means of contraception as is practiced in other countries should remain totally illegal.

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    • As a means of contraception it’s the most expensive, most disruptive, most unpleasant one.. Can’t see it catching on really..

      Do you honestly think that if abortion legislation was enacted women all over the country would suddenly decide that existing pre-emptive methods of contraception were no longer required and throw caution to the wind? How stupid do you think we are? And more importantly, do you think any woman makes this decision lightly? That slope you are slipping down suggests so.

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    • No, I don’t think people are stupid, I think you’re stupid though. That’s what does happen, when contraception fails which it often does, many, yes many find it more convenient to simply evade responsibility for their actions and terminate their pregnancy. I say if you are old enough to have sex you are old enough to suffer the responsibilities! And I’m not generalising either, this is fact and I know of several cases first hand. And do I think women take this decision lightly? I don’t see who it’s relevant, stupid statement to make.

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    • *why it’s relevant

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    • Well thank you for passing your superior judgement on me..
      So, if you act responsibly and take precautions and still fall pregnant – tough eh?
      You could tell you were male.. Only thinking about the baby, completely ignoring the pregnancy which is a huge undertaking even when the baby is wanted.. Be careful pointing your finger, you’ve always got three more pointing back at you..

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  • 12 women die in the UK from sepsis and they have abortion on demand. This is not the answer. But I can only imagine the number of red thumbs this will get because the Pro Choice side are intent on using this case to bring abortion on demand to this country.

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    • I meant 12 women die every year from sepsis.

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    • Absolutely.

      I said I’m in favour of abortion in the case of strict medical necessity – where the foetus is certain to die or the mother’s life is at risk, and got a mass of red thumbs.

      There’s an agenda here to force through unquestioned abortion in the country and while men’s rights to children are essentially non-existent this isn’t something I can support.

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    • Way to miss the wider point there! The abortion argument has everything and yet nothing to do with this case. What I mean by that is whatever the facts of this poor womans death are, it has highlighted that abortion in the case of a woman who needs such to save her life is not legislated for in this country. I spoke to a medical practitioner in my family who said doctors and nurses are very much aware of this also!

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    • Yep, you’re right. Giving birth is dangerous. Maybe, like every other life threatening activity, it should be optional? Crazy idea, I know…

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    • John can you get off your high horse there for a minute and address my point, it’s the only opinion you haven’t insulted on here as of yet!

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    • John, over and over you have constantly stated that 84% of Irish people are to blame because they ticked the catholic box on the census, and thereby allowing the Catholic Church to impose their will with regards abortion.
      Then also over and over you say we should never allow abortion for anything other than medical reasons.
      So you want to impose your will with regards abortion onto all women.
      You sir, are a hypocrite of the highest order and no better than the Catholic Church.

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    • ManOnTheStreet,

      The Catholics want to prevent abortion because they think it’s killing babies. I, however, don’t care what it’s doing, I want to prevent extending further privilege to women to make massive decisions in a man’s life, without his say.

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    • Except men who decide with their partner to access an abortion. You’re more than happy to keep THEM from having a say.

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    • Spot the misogynist. Great hypocrisy John. This is a human rights issue, not some opportunity to get a dig at women vs mens rights when it comes to parenthood. If you’re going to address inequality apply it across the spectrum, and not to just one area you feel discriminated against personally. Incidentally men don’t give birth or risk complications doing so, which is why abortion legislation directly affects women, but everyone’s opinions regardless of gender are valid and should be considered.

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    • Aoife 15/11/12 #

      @ John: What “massive decisions” do women have the right to make in a man’s life? What would satisfy you – men having the final call on all fertility issues? Women – as Nick rightly points out – tend to make these decisions in consultation with their partners. But ultimately, it’s a woman’s body. It’s she who will have to go through the birth (or, indeed, the abortion), therefore it’s entirely reasonable for the final decision to be hers. It’s a basic principle of medical ethics that no one has the right to force another adult to undergo a medical procedure. If we changed that, we’d go back to the days where women’s bodies are the property of men.

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    • Aoife 15/11/12 #

      Spot on, Gemma. John seems to think that abortion rights are some kind of negotiating tool to be used so we can get to the *real* issue – men. That’s contemptible.

      (By the way, I happen to think Irish law is highly discriminatory towards fathers. I support changing the law so that both parents – regardless of whether or not they’re married – have an equal right to custody of any children. I still think the way John is using the issue of abortion here to be absolutely despicable.)

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    • G 15/11/12 #

      Spot on BP, the hysteria over this red herring is absolutely shocking. The facts are, the doctors were perfectly within the law to terminate the pregnancy if they felt the mother was in danger and they could have done so at any time. I’m sure it will come out that they decided on a course of action for medical reasons, tragically the woman died and perhaps if they had taken different action she might have survived but we will never know this. Equally a death could have resulted from an early termination where a non intervention natural miscarriage might have saved the life. To try and use this case as a route to more liberal abortion is disgusting. There is no evidence whatsoever that Catholicism had anything to do with the decision, ridiculous to drag that into it.

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    • @G No evidence? The husband of a dead woman is a liar so is it?

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    • G 15/11/12 #

      The husband of the dead woman is emotionally involved and upset, the woman herself was in pain and ill, they are not the people who should be deciding what is the best medical action to take. The husband is emotional and looking for someone to blame, do you honestly think a doctor would refuse to take action to save a woman’s life because he is a catholic, the nonsense being spouted out in this case is unbelievable.

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    • No, I believe a doctor would deny her a necessary abortion because he was only 20% sure her life was at risk, not 90%. If her family decided they didn’t like those odds, who is the doctor to decide without the law that the foetus should be prioritized?

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    • G 15/11/12 #

      This is pure speculation on your part Nick, you basically think a doctor didn’t carry out a safe procedure because he thought a patients life was only a bit at risk, this doesn’t make sense at all. The doctor is legally bound to give the patient the best care available. The fact that the patient and her husband had views on what they believed the best treatment was is irrelevant and should never be a consideration for a doctor.
      All medical cases are different and tricky to diagnose, the ultimate decision has to be left with the medical profession surely. The doctor may or may not have made an error which lead to the tragedy but the constitution won’t fix that unfortunately.

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    • Wow G, just wow! So you now know more of the facts of the case than the husband of the deceased who was there! Quite the arrogant, insulting Mystic Meg you are! Get on to TV3, they are looking for psychics!

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    • Women,

      The fair solution is to introduce abortion on demand and a process where men can absolve their legal, financial and moral responsibilities to a pregnancy within the same time period that open abortion would offer.

      Unfortunately, women don’t tend to support this idea much because it gives men a right that is totally out of their control.

      I’m actually all for abortion for anyone who wants it, it has been shown to have huge benefits to society overall, but I wouldn’t see it introduced without some protection and rights for men.

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    • Aoife 15/11/12 #

      “Unfortunately, women don’t tend to support this idea much because it gives men a right that is totally out of their control.”

      No. Women don’t tend to support this idea because it absolves men of their responsibilities and pushes the financial burden of child-rearing (or of having an abortion for that matter – it’s not cheap) on to the woman. You want men to have the benefits of sex without risking any of the potential consequences. Life doesn’t work like that.

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  • Quite simple. In that case, the doctor tells them what the odds are either way. Her husband is grieving, but he’s not an idiot. If they had been told this was safer for HER, not the foetus, pretty sure he would have mentioned it.

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  • The hysteria surrounding this case has led to a large amount of misinformation in the public domain and inappropriate reactions from many. Firstly, the response to legislate in line with the X case is very much misguided. The tragic circumstances which surround Savita’s life have little to do with legislation which would allow for abortion on demand. She was suffering a miscarriage so the issue of direct abortion does not really come into it. Secondly, doctors are currently allowed to treat women during their pregnancy even though it may in some cases result in the death of the child. Minister Reilly said yesterday that the safest way to deal with miscarriage is to allow it to happen normally rather than intervene surgically. What we need here is to have a better understanding of what actually happened. Did the doctors involved give her the best care possible and were the medical council guidelines specific enough to allow them to treat her? This is a medical care issue not an abortion issue.

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  • Cowardly politicians have blood on their hands. Enforce the legislation immediately

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  • Jimmy 15/11/12 #

    All Labour are spineless slime. Blood all over their hands.

    Reply

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