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Dublin: 11 °C Wednesday 22 May, 2013

Bacik says ‘legislation is clearly necessary’ amid outcry over Savita death

The death of Savita Praveen Halappanavar after a miscarriage at University Hospital Galway last month has prompted a strong reaction.

Image: Paul Faith/PA Archive/Press Association Images

LABOUR SENATOR IVANA Bacik has said that the death of Savita Praveen Halappanavar after she suffered a miscarriage shows a clear need to legislate for the X Case in Ireland.

Halappanavar died just over two weeks ago at University Hospital Galway after suffering a miscarriage over two days and later developing septicaemia.

It is reported in today’s Irish Times that despite repeated requests, the 31-year-0ld Indian woman was denied an abortion.

The case has prompted a strong reaction from pro-choice groups who have called on the government to legislate for the 1992 Supreme Court ruling in the X Case which said that abortion is permitted in cases where there is a real and substantial risk to the life of the mother.

Despite the legal ruling, a lack of legislation for this ruling has led to some groups saying there is not enough clarity surrounding what doctors can and cannot do in such cases, with Bacik saying this morning that there was a “clear need now for certainty.”

“I think there’s a clear indication that governments’ failure to legislate over a period of years is largely responsible for the uncertainty around the law,” she told Newstalk’s Breakfast programme.

She said that guidelines from the Medical Council of Ireland allowed doctors to carry out a termination when the mother’s life is at risk but said that there was a lack of clarity and lack of criteria because of the lack of legislation.

“Lack of clarity makes the law so problematic and leads to these appalling cases,” she said while reaffirming that the Labour Party was a pro-choice one.

The government has set up an expert group to examine a European Court of Human Rights ruling on Ireland’s abortion laws and it is expected to issue a report shortly though it has already been delayed for a number of months.

In an interview with TIME magazine in September, Taoiseach Enda Kenny said that he was personally against abortion and added: “I think that this issue is not of priority for government now.”

The Department of Health did not immediately respond to a request for comment about the case of Savita Halappanavar.

A request to the Pro Life Campaign for comment has not yet been responded to.

A spokesperson for Youth Defence, another pro-life group, said that it would be issuing a statement shortly, saying it had to “consider the case carefully first”.

Read: Calls for X Case legislation after woman denied an abortion dies in Galway hospital

Read: Ireland and abortion: the facts >

Read: Overdue report from abortion expert group expected ‘shortly’

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Comments (79 Comments)

  • Kenny really shows poor judgement and understanding of his role. He is there as a mandate of the people’s wishes. His personal opinion comes second place to wishes of the people who put the ignoramus in his current position.

    Reply
    • Kenny and Fine Gael are and always have been anti-abortion, when people voted for them in their droves they endorsed Fine Gael’s views.

      Reply
    • Actually, part of their manifesto was to form the Expert Group and legislate for X accordingly. So describing their failure to act as being in line with their stated views is stretching the truth a bit.

      Reply
    • Cian, what you suggest is utter rubbish, there is no collective opinion on the right to life, different party members have different and opposing opinions, and Kenny’s opinion is as relevant and irrelevant as mine or yours. You should try to honest in what you say, generalised bile just won’t cut it.

      Reply
    • Simon,

      He is there as a mandate of the people’s wishes, 84% of whom said they are Catholic last year and thus support the Catholic Church’s values, one major one being anti-abortion.

      He has in that sense done a wonderful job of representing the people’s wishes.

      Thank you, Catholic Ireland, for killing this woman who had nothing to do with your church. After having done so, so much damage to the country already through oppression and abuse, thank you so much for continuing your reign of terror in 2012 and killing people who have nothing to do with you. Thank you to the 84% of the country who support this organisation, I hope you can sleep well at night knowing that you’re absolutely complicit in this woman’s death.

      You want change? You want progression? Then stop f**king support a corrupt and evil empire that has this country by the throat and start using your head for a change.

      Reply
  • I come from a farming background. From personal experience what happened to this poor woman would not have happened to a dairy cow anywhere on this island.

    How have we got to a situation where a woman was refused life saving medical intervention she requested?

    I’m feeling physically ill over this this morning. My deepest condolences to her family and friends.

    Reply
  • Think it’s time Enda reviewed his priorities.

    Reply
  • If this issue isn’t a priority for government right now maybe we need a new government??? Although it’s unlikely they would do anything either only make empty promises until they are elected!

    Reply
  • Brian 14/11/12 #

    The silence of the anti-choice mob will be deafening today. It’s a national scandal that this woman died in this manner.

    Reply
  • There are only 2 scenarios where things get done in this country.

    1) Election time
    2) Someone dies

    Sad but true..

    Reply
  • Another disgraceful incident that shows how archaic and behind the times this country is. I can’t even comprehend how the husband of this poor woman must be feeling. To see your wife suffer in anguish for almost a week and eventually pass away, all of which could have been avoided if some common sense was used. The law needs to change, there is no way around this sickening issue.

    Reply
    • Robbie,

      84% of this country support an organisation that has been shown to have sexually and physically abused children and moved people around to cover it up. The same organisation that is responsible for atrocities throughout history and indeed, to this very day with the horrors they’re carrying out in Africa through their campaigns of misinformation and scaremongering.

      We are archaic and behind the times, 84% of the country alone have proven this. They support their Church who itself is anti-gay rights, anti-abortion and most of all, anti-progress.

      When that 84% start to change their outlook on life, maybe then we can move into the future. Until then, however, we’ll remain here in the past as a bunch of ignorant Paddies supporting probably the most evil and corrupt organisation in history.

      Reply
  • I agree with all of the above, Government is there to for people not personal viewpoints of its leader, on a completely diffferent level, abortion should be a personal choice, after all, it is the woman who has to live with and deal with the consequences, not Enda Kenny

    Reply
    • 84% of this country stated they share Enda’s views in last year’s census.

      Stop blaming the Government and point the finger at the Church and those that are giving it its power – the 84% of this country that declared their support for it last year.

      Reply
  • Modern technology & science could have saved this young woman’s life, but instead religion had to get in its way & kill her, it’s unbelievable that something like this can happen in Ireland in 2013 – Worth thinking about when you next hear someone say “Religion, sure it doesn’t do anyone any harm”

    Reply
    • You’re receiving quite a few green thumbs there, Brian, from people who undoubtedly gave that religion its power and mandate last year in stating they support it in the census.

      It’s times like these that we’re exposed to the true idiocy and level of hypocrisy in this “modern” Irish society.

      Reply
    • Yes John, a very good point; I suppose it takes something like this to happen in order for people to stop and really think about their actions, most people think that being a moderate religious supporter is no harm, thinking that it’s only fundementalists that are a problem, but it’s the moderate supporters that give the fundementalists their platform, which is exactly what has happened here, with 84.2% of people living in Ireland defining themselves as Roman Catholic in the 2011 census.

      BTW – I meant to say 2012 not 2013, but unless the Irish government cut all ties with the Catholic Church ASAP, we’ll be seeing the same kind of tragedies in the future.

      Reply
  • Does anyone think they will listen .very sad story R I P. they have had 20 years and nothing done and nothing will

    Reply
  • The more I think about this I have to say I’m ashamed to be Irish and have this happen to a woman in my country.

    Reply
  • those anti abortion people are against abortion at all costs regardless of the cost of life to the mother! The issue is not legalising abortion but putting the life of the mother a priority over the life of the child. I can’t understand the doctors on this one, the woman was having a miscarriage the baby was never going to survive, yet they hadn’t the balls to do the right thing! Costs in the loss of both lives! There needs to be accountability!!

    Reply
    • Basically the rights of a woman is taking away when she becomes an incubator

      Reply
    • Being a nurse of anaesthesiology in a maternity hospital I can tell you your opinion is misinformed. When this lady turned up in hospital she was experiencing back pain, leaking of amniotic fluid and bleeding. These are signs that a miscarriage is about to take or is taking or has taken place. From start to end of miscarriage varies greatly from case to case. When this lady presented she was having a standard miscarriage, the signs were that she would terminate the pregnancy naturally, which is what is done normally. This, along with the presence of foetal heartbeat means you cannot artificially terminate pregnancy in Ireland. By the time artificial termination would have been legal, this lady was already severely ill, and as was demonstrated, even with the artificial termination of pregnancy, she still passed away.
      We, as clinicians, doctors, midwives, medics need laws, not guidelines.

      Reply
  • A waste of a life and so unnecessary. The anger pervading social media is immense. There is a protest outside the Dail tonight at 6pm

    Reply
  • And those people dare to call themselves “pro life”!
    What a disgusting state of affairs!

    Reply
  • JakkiB 14/11/12 #

    Enda Kenny!!! This will be your downfall as you are allowing women to die, 2 women died within 48 hours in the Coombe hospital recently, This is a human rights issue not an abortion issue so dont make it a political football

    Reply
    • Jakki,

      84% of this country condemned this woman to death in supporting the Catholic Church in the 2011 census and that 84% are all complicit in this woman’s death. The Church is anti-abortion, 84% of this country stated they were part of and supported that Church and their views, the overwhelming majority, have been represented here.

      Sorry to be so blunt, Enda has his part to play as a Catholic but no more so than any other fool who backed that evil organisation last year.

      Reply
  • What a gutless shower of xxxholes we have in government. The people put this shower in to legislate for the people . They were not put in there for their own self interests. Get the finger out Kenny before more women die in this senseless way.

    Reply
    • David,

      Sorry but the Government have represented Ireland perfectly here. 84% of this country stated that they’re Catholic in 2011 and thus hold Catholic values, one of which is being against abortion. The Government then have to represent these people, regardless of their own beliefs. When other religions, which are also anti-abortion, are taken into account, representing the pro-choice people (the non-religious) would be absurd as it would be promoting the views of what has been declared to be a tiny minority.

      You can’t keep blaming everyone else, David. Our Government have represented the views of the majority here, which is a sorry state of affairs but when you’ve 84% of the country ready to go out and support an organisation that has been seen to be sexually and physically abusing children and covering it up, what more can you expect?

      Thank you, Catholic Ireland, for destroying this woman’s life. YOU are to blame and only YOU can make the changes necessary. Disagree with your Church’s views on life? Then you’re not part of it, no matter what was said when you were 6 months old. Stop supporting them in the figures, stop supporting them financially and then let our Government stop supporting their outlook.

      Reply
  • Zartan 14/11/12 #

    These last few weeks, we’ve all been having a good laugh at the antics of the fundamentalist clowns in the US Republican party. Today we can see clearly that we’re even more backward in this country. I’m ashamed to be Irish this morning. I didn’t think it possible that I could have any more contempt for Enda Kenny but I do now. Legislation for abortion is needed NOW. My condolences to the family and friends of this poor woman.

    Reply
  • Its despicable that Abortion legislation in Ireland both North and South is so far behind the law in Great Britain

    Reply
    • Conor
      There are many WTO would say that our legislation on abortion is far ahead of that in the UK. However I believe we are all missing the point in this discussion. In this case there was a clear and manifest risk to the life of a mother with a pregnancy that had already terminated itself.
      How many time have we heard Doctors in the Pro Life Movement say there were no ethical or moral or legal issues where the life of the mother was at risk in allowing them to provide the necessary interventions.

      Reply
    • Conor,

      Why would we legislate for abortion, when 84% of the country have stated in 2011 that they’re against it? If you’re a Catholic, you hold Catholic views and once of which is being against abortion. 84% said they’re against abortion so why would they legislate for the demands of what has been declared to be a tiny minority?

      Reply
    • Sorry, can you point to something where 84% of people said they were opposed to legislating for abortion for maternal health reasons? That’s a big leap from identifying as Catholic on the census to saying they agree with this position.

      Reply
    • Nick,

      Pope John Paul II said “I declare that direct abortion, that is, abortion willed as an end or as a means, always constitutes a grave moral disorder, since it is the deliberate killing of an innocent human being. This doctrine is based upon the natural law and upon the written word of God, is transmitted by the Church’s tradition and taught by the ordinary and universal magisterium. No circumstance, no purpose, no law whatsoever can ever make licit an act which is intrinsically illicit, since it is contrary to the law of God which is written in every human heart, knowable by reason itself, and proclaimed by the Church”

      The Church very firmly states that abortion is not acceptable under any circumstances. 84% of the country stated their support for this organisation and its beliefs.

      If they don’t support the beliefs, they’re not entitled to call themselves Catholics (as Catholics should know), so their declaration of support means that they themselves do support the beliefs.

      I know, I know, a lot of Catholics are reading this and getting all upset but this is how things are. If 84% of the country state they support a religious organisation, then the Government have to represent the values of that 84%, which they’ve stated are aligned with their church.

      You can’t be Catholic and be pro-gay rights or pro-choice, go read the http://www.vatican.va/archive/ENG0015/_INDEX.HTM for clarification.

      Reply
    • SL 14/11/12 #

      John D, Are the church against gay marriage? It’s a fact that all 84% who identify as catholic in the census are not against that. Maybe they need to drop their religion or be excommunicated? agree?

      Reply
  • Kenny says ‘he is personally against abortion’. No! his church is against abortion. Looks as if most Irish politicians still look east to Rome when making decisions. A country promotes itself as progressive and high tech and then this happens. This will just add to the current crop of ‘Only in Ireland’ stories which are beginning to do the rounds in more civilised countries.

    Reply
    • Marist,

      “His” church is against abortion? No, sorry, Ireland’s church is against abortion. 84% of this country stated that they are Catholics as of 2011 and thus the Catholic church is Ireland’s church.

      Stop pointing the finger at the politicians, they are there to represent the people in this country and when the overwhelming majority say they support an institution that is anti-abortion, the Catholic Church, then that is who they will be trying to represent.

      Catholics have a massive amount of responsibility in this woman’s death, from those going to mass on the weekend to the shams who only go on Christmas yet declare themselves Catholic.

      Reply
  • Imagine If an abortion had taken place and the patient had lived… what would the story be? “Anti-abortion lobbyists to bring case against doctors who carry out abortion” they’d call it murder and say there was no way of knowing the outcome. Well we do know the outcome, another woman is dead and we had the ability to save her if the doctors were allowed do their jobs without fear of litigation!!

    Reply
  • Oh lovely. Labour is pro choice. Isn’t that wonderful?
    The fact is that successive governments have failed to legislate after we constitutionally mandated them to do so in a referendum. Now people are dying.
    Political apathy is poisonous, insidious and endemic to the Irish political system. We desperately need a new dynamic to shake the established status quo out of comfortable inaction if we’re ever going to progress Irish society beyond the destructive legacy of the past.
    http://www.perspectivesbyjack.com

    Reply
  • What a disgusting state of affairs.

    In his book, “God is not Great” (How Religion Poisons Everything), Christopher Hitchens contends that organised religion is “violent, irrational, intolerant, allied to?racism,?tribalism, and?bigotry, invested in?ignorance?and hostile to free inquiry, contemptuous of
    women and?coercive?toward children”!

    Reply
  • Oh lovely. Labour is pro choice. Isn’t that wonderful?
    The fact is that successive governments have failed to legislate after we constitutionally mandated them to do so in a referendum. Now people are dying.
    Political apathy is poisonous, insidious and endemic to the Irish political system. We desperately need a new dynamic to shake the established status quo out of comfortable inaction if we’re ever going to progress Irish society beyond the destructive legacy of the past.
    http://www.perspectivesbyjack.com

    Reply
  • This is the same Ivana Bacik who has done nothing as an elected rep but talk and is quite happy as a member of a party that voted down xcase legislation earlier this year? Actions speak louder Ivana.

    Reply
    • Bacik is not an elected representative. She is a member of the Seanad, appointed by internal election among UCD graduates. What actions do expect of Senators? She has published many private members bills throughout her career ranging in topics from female genital mutilation to the rights of humanists in Ireland to solemnize marriages

      Regardless of her party, she is among the most progressive politicians in this country, and is fighting on many fronts for equality in Ireland.

      Reply
    • Ivana also marched and protested along with the rest of us demanding legislation for the X case, and has published material about society and abortion, and has been taken to court by pro-life groups for helping people access information about abortion.

      Reply
  • As far as I’m concerned, every single person who marked themselves down as Catholic in the 2011 Census is complicit in this woman’s death. 84% of this country stated that they are Catholic and thus back the Catholic Church. The Church itself is anti-abortion and thus, with such an overwhelming majority then stating that they are anti-abortion through their belief, this is a Catholic state and Ireland is anti-abortion.

    It’s time for Irish Catholics to decide whether they’re in or they’re out. It’s time for Catholics to read their catechism http://www.vatican.va/archive/ENG0015/_INDEX.HTM and decide whether they actually want to be Catholics any longer. If you’re in, then you’re anti-abortion, anti-gay rights, anti-women’s rights in a lot of cases and more. If you don’t like these things, then you’re out. Stop sitting on the fence.

    This “cultural” Catholicism of “Ah sure we’ll schtick ourselves down as Catholic” despite not going to Church and only using the Church’s facilities when it suits them has to come to an end. This complacent Catholicism has lead to the abuse of children in this state and now the death of a woman who had absolutely nothing to do with your Church.

    OF COURSE Enda Kenny is going to say he is against abortion, when 84% of the state back it through their system of beliefs. If he were to say he were pro-choice, he would be pandering to a minority as declared in the census.

    I’m sure there’ll be upset over this comment, as Irish people like to blame everyone but themselves, but again: If you put yourself down as Catholic last year creating an 85% majority of Catholics in this country, a Catholic state, then you’re complicit in what has happened here.

    Stop blaming everyone else, stop telling everyone else to do something. This is your Church’s fault and you can either do something about it – leave en mass and drastically reduce the numbers – or continue supporting what is the most corrupt and evil organisation in history as they deny women the right to choose, lovers the right to marry and more.

    Stop sitting on the f**king fence and pointing the finger at everyone else.

    Reply
    • John, are you for really with all your comments about the Pedo Church and JP2??? JP2 should rot for
      advising African people against using condoms. He indirectly killed thousands of men and women who got the hiv virus by following his sick advice. Abortion due to medical reasons should be legal as it is a basic human right. The Catholic Church is the greatest sect of all our times and i hope that soon enough some progressive political party will look at de-legalising this disgusting institution

      Reply
  • Meanwhile Gilbore is poncing about, claiming gay marriage is the most important civil right in the country.

    How many people have died as a result of the delay in introducing it? What a hypocrite the man is.

    Reply
  • I am anti abortion, i think it is a very selfish act to do and its not right to terminate life BUT if the mother’s life is in danger and she wants an abortion then the mother’s life should be the priority, otherwise both will die!! If it was someone belonging to me and the situation was like this then i would spare her rather than the child. Rather than loose them both and end up with nothing alone and very angry!! Very sad! There needs to be a solution

    This is not allowing abortion its save mothers why do people say its about allowing abortion to everyone. The story is all over BBC

    Reply
  • @shanti om The point I was trying to make (albeit quite poorly) was that the government has not legislated for abortion and given their history seem unlikely to. had that poor lady had the option for a c-section then her life may have been saved. if the government are unwilling to upset the pro-life contingent then the option of a c-section may sidestep their arguments and offer a less contentious solution

    Reply
  • @ ciara and john donovan. Possibly both ciara. Re John donovan’s comments on the one hand john has come out with statements above where he disagrees with abortion. On the other hand e.g. In his posts/ comments in the journals article yesterday “Bacik says ‘legislation is clearly necessary’ amid outcry over savita’s death” ( http://www.thejournal.ie/savita-death-abortion-x-case-ireland-673744-Nov2012/) he goes to great pains giving out about the Catholics in this country and lecture about how he is going to ‘ get off this rock’ etc. Indeed he went so far as to say that everyone who put themselves down as catholic in 2011 census is complicit in this woman’s (savita’s) death. Me thinks dear John should make his mind up!!!!!!!!
    Quite conflicted it seems.  John donovans ethos ( re abortion) is pretty much as catholic as it gets, yet at the same time he is quite happy to give out about the ‘hypocrisy’ of the Catholics in this country. 
    In yesterday’s article he made a snide comment against someone for not knowing what is meant by the term hypocrite. Interesting that. Of course perhaps it was a completely different John Donovan posting in yesterday’s article. Doubt it though. He gives similar moronic arguments for the agenda he was pushing in that post.
    Of course, as you suggested ciara, it is possible that John is a troll ie someone who  just like’s to stir because he has nothing better to do. Sad. Readers beware!
    If your going to troll John just to be controversial try being a bit more clever about it :) 

    Reply
  • When are the Government and the people of Ireland going to act as a mature and educated nation? If abortion was legalised here , it does not mean that everyone is going to avail of this but as a well informed individual then I would like to think that a personal decision was a right of us all to choose.

    Reply
  • Can anyone please point out how any potential X-legislation would have changed anything in this case?

    Reply
    • If the details of the case are as clear as are being portrayed then the hospital would have done whatever was required to save the mothers life (i.e. including aborting). I suspect that this case is a lot less clear

      Reply
    • It shouldn’t be called X-legislation. It should be called Savita’s Law when they do finally legislate for it. Shame on 7 successive governments for allowing this to happen

      Reply
    • it’s quite simple really, if the X case was legislated, the mothers lie would have been deemed ‘at risk’ and so she would have been allowed an abortion, thus saving her life, instead of that, a life was lost due to archaic laws and more will be continually lost unless this government finally legislates granting Irish women what should be their basic human right.

      Reply
    • *life

      Reply
    • Patrick, unfortunately, no. While the constitution provides for the right to terminate a pregnancy if it poses a risk to the life of the mother, there is no legislation to back this up – meaning that the legality for the constitutional right is a ‘grey area’. We know that it’s allowed but with no provision for procedure or circumstance, the possibility of prosecution exists without the certainly of legislation.

      Reply
    • But under the existing regime a woman gets whatever medical treament is necessary to save her life (including abortion) so any X-legislation is redundant in this case. All we know is that a woman died after being refused an abortion we don’t know if the refusal was the cause. What we do know is that the lack of X-legislation is not the cause.
      What we are getting here is the usual opportunism and misinformation of the abortion lobby. No doubt this case will be milked for years

      Reply
    • Jack there does not need to be legislation to carry out lifesaving measures you are either wrong or misinforming. If the case is was as clearcut as we are being told then the hospital could have aborted under the existing framework. Hence I suspect that the case was not that clearcut.
      I oppose x-legislation on the basis that it will be the foot in the door for the abortion industry.

      Reply
    • If this lady had presented at a hospital in the UK she would have been offered a termination immediately. Had she refused, as is her right, a termination would have been recommended a period of time later, had she refused that, one would have been carried out as an emergency procedure. In Ireland we cannot act until it becomes an emergency, by which time, in the case of miscarriage the mother is already in septic shock and saving her life becomes a race (normally lost) against sepsis and multiple organ failure. The “legislation” in existence protects nobody, not the mother, the baby, or the medical or nursing staff. It serves to protect the interests of certain groups.

      Reply
    • No patrick, there is no existing framework. The doctor would have been breaking the law by performing an abortion. Granted he may have been able to defend the charge in the Supreme court after many years by relying on the constitution as a defence but it is unfair to place that obligation on one man and force him to risk his freedom and his career because two decades of governments haven’e bothered to abide by the X case.

      Reply
  • The opportunism of the abortion lobby here is rather sickening. They want abortion on demand not abortions as a lifesaving measure.

    Reply
    • They want lives saved, your cynical use of this tragedy for your deranged pro-life campaigning is what is sickening.

      Reply
    • Say that after you’ve seen the physical and emotional suffering that the family here are going through and you’ll soon change your mind. The last thing any of us in the medical profession wants is for patients to die. The most frustrating thing about this case is that had full and proper legislation been in place this lady would most likely have gone on to live a full and healthy life. Unfortunately it’s a case of save all, or save nothing at the moment here in Ireland.

      Reply
    • Barry 14/11/12 #

      No, people want a country where a mother won’t be let die because of backwards pro-life beliefs that mean the mother has no rights even when her life is at risk.

      Reply
    • That’s incredibly insulting to her husband, who wanted to share this story so no other woman would die.

      Reply
  • rather than legislating for abortion could the government sidestep the issue by ensuring that deliveries pre 24 weeks are done by c-section? if the foetus is to survive then the method of delivery should not matter.

    Reply
    • What, like how they perform laparotomies to deal with ectopic pregnancies? Sod the woman’s body, cut her open rather than give her an abortion.. If she loses organs so be it eh?

      Reply

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