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GOVERNMENT TDS WILL have a free vote on the proposed abortion legislation due to be debated in the Dáil tomorrow.
The Social Democrats have proposed a bill aimed at updating Ireland’s abortion laws.
Party leader Holly Cairns said the aim of the original campaign to legalise abortion, “to ensure women no longer had to travel for compassionate medical care”, has not been realised.
Cairns said shortcomings in the law “mean women continue to be failed in this country”.
The Reproductive Rights (Amendment) Bill 2026 will address the shortcomings identified in a 2023 review by barrister Marie O’Shea, said Cairns.
“In particular, my legislation seeks to ensure that women, who receive a devastating diagnosis of fatal foetal abnormality, no longer have to travel for care,” she added.
Following today’s Cabinet meeting today, it was agreed that government TDs can have a free vote as the matter is a “conscience vote”.
The government said it acknowledges the objectives and intent of this bill; however, the Department of Health, having considered each of the provisions and engaged with relevant stakeholders, including clinicians in the HSE and the Office of the Attorney General, has identified a number of difficulties with some of the provisions.
A government spokesperson said feedback received identifies that some of the proposed amendments are unnecessary and are already addressed through the existing legal framework.
It is also of the view of the government that other provisions within the proposed legislation are problematic from an operational and legal perspective.
Specifically, a government spokesperson said issues such as decriminalisation for medical practitioners, the revised criteria for termination for medical reasons, and the introduction of ministerial guidelines for clinical practice present significant difficulties.
It is understood Health Minister Jennifer Carroll MacNeill will go into further detail on this in tomorrow’s debate.
Regarding the O’Shea Report, which was conducted in line with statutory commitments three years after the abortion legislation was passed, the government maintains that “significant progress” has been made.
Termination services in early pregnancy (up to 12 weeks) are now provided in all 19 maternity hospitals, while only 11 maternity hospitals were providing these services at the time of publication of the review.
The government said there has also been a sustained increase in community providers, which currently stands at 491, (up from 422 at time of publication of report).
The revised model of care introduced in response to the Covid pandemic is approved as the enduring model of care. Under this blended approach, it is possible for one of the two consultations required for termination in early pregnancy to take place remotely.
This alleviates the time and expense involved in travelling to the doctor’s surgery twice.
Safe Access Zones legislation came into effect on 17 October 2024, under the Health (Termination of Pregnancy Services) (Safe Access Zones) Act, and was also pointed to as a sign of progress.
However, the review, which was published in 2023, recommended significant changes to the Ireland’s abortion legislation.
Carried out by barrister Marie O’Shea, it specifically recommended that the required three-day waiting period to access a termination should no longer be mandatory.
The Irish Family Planning Association (IFPA) has also said the mandatory waiting period for abortions in Ireland has no scientific basis.
The O’Shea review also identified a lack of sufficient clarity in legislation on how certain sections of the Act should be applied and requests new ministerial guidelines regarding fatal foetal abnormalities.
Terminations can be carried out where there is a risk to the life, or of serious harm, of the pregnant woman, or where there is a condition present that is likely to lead to the death of the foetus either before or within 28 days of birth.
While the woman is decriminalised under the Act, it criminalises anyone who assists a pregnant person to obtain an abortion outside the provisions of the Act, with a prison sentence of up to 14 years.
In March, these issues, which were highlighted in the O’Shea review, were raised with the Taoiseach.
Micheál Martin said at the time that the government would examine the review, and would revert back to the House once the examination had taken place.
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