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Senators vote against fatal foetal abnormalities amendment

The amendment was defeated by 42 votes to 10. Here’s how the senators voted.

SENATORS HAVE VOTED against an amendment to the ‘abortion bill’ that would have allowed for termination in the case of fatal foetal abnormality.

The amendment to the Protection of Life During Pregnancy Bill 2013 was tabled by Senators Fiach Mac Conghail and Mary Louise O’Donnell.

The amendment was defeated by 42 votes to 10.

It would have inserted a section making it lawful to carry out a medical procedure in respect of a pregnant woman:

in accordance with this section in the course of which, or as a result of which, a pregnancy is ended, where— (a) the medical procedure is carried out by an obstetrician at an appropriate institution, and (b) subject to section 19, two medical practitioners, having examined the pregnant woman, have jointly certified that the foetus in question has a fatal foetal abnormality.

The amendment would have also allowed for termination of pregnancy in cases of rape, incest, and inevitable miscarriage.

The discussion on this amendment lasted for around three hours, and saw heated debate and numerous points of orders being brought up by senators.

Voting

Fianna Fáil’s Averill Power and Mary White were the only members of their party to vote in favour of the amendment. Fianna Fáil members have a free vote on the issue.

No Fine Gael members voted in favour of it.

Those who did vote in favour were:

  • Senator Mac Conghail (Independent)
  • Senator Mary Ann O’Brien (Independent)
  • Senator Jillian Van Turnhout (Independent
  • Senator Katherine Zappone (Independent)
  • Senator Mary Louise O’Donnell (Independent)
  • Senator Seán Barrett (Independent)
  • Senator David Norris (Independent)
  • Senator James Heffernan (Labour)
  • Senator Mary White (Fianna Fáil)
  • Senator Averill Power (Fianna Fáil)

The discussion covered the issues of what constituted fatal foetal abnormalities – with some senators objecting to the discussion by others of Down Syndrome and disabilities, pointing out they were not fatal foetal abnormalities.

Senators Ronán Mullen and Jim Walsh said they had spoken to people who were conceived as a result of rape, and this had contributed to their rejection of the amendment.

Senator Ivana Bacik spoke of why the amendments were constitutionally outside the remits of the bill itself.

Senator Fidelma Healy-Eames rejected assertions that she made “a value judgement” on two sets of women who had decided on different approaches to their diagnoses of fatal foetal abnormality.

Senator David Norris spoke about the length of the discussion on the amendment, alleging it was “a political sleight of hand” to try and “force a guillotine through”.

Watch: Norris says he’s happy to withdraw words that caused offence>

Read: Here’s how the Seanad voted on the abortion legislation>

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39 Comments
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    Mute Jack F
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    Jul 17th 2013, 4:22 PM

    I don’t really understand why you would vote no. If the baby is going to die, aborted or not, why not spare the woman some of the trauma and let her abort the baby. Stupid as far as I can see.

    205
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    Mute Briain de Seadhach
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    Jul 17th 2013, 4:33 PM

    I’m not a legal expert, but I assume it’s because it’s constitutionally invalid. I mean, Ivana Bacik has been very vocal for more abortion rights for a long time, and she voted against it. What needs to be done is a large scale public consultation with opinions from all sides, and where everybody in Ireland can give an opinion, similar to the consultation for gay marriage in Scotland.

    Using the results of that, a large referendum could be carried out with regards to these very issues. The consultation, however, is vital, or we’ll just end up with a situation where people are calling for a new minor referendum every week. Let’s clear up what the people of Ireland want in one large swoop.

    42
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    Mute James
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    Jul 17th 2013, 5:24 PM

    Or just legalise abortion.
    Those that want one, get one. Those that don’t, won’t have one.
    Those that don’t care, won’t have to listen to politicians squabble about the issue and get back to real issues like saucy novellas and penalty points.

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    Mute Briain de Seadhach
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    Jul 17th 2013, 5:39 PM

    Either way, we need the referendum. I think the consultation process would alienate fewer people. Obviously we can’t please everyone, but the fewer dissatisfied people, the better, in my view.

    A big thumbs up to the idea of more saucy novellas from ministers.

    26
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    Mute Niamh Aonbheannach
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    Jul 17th 2013, 4:46 PM

    If you let your dog carry dying puppies around you’d be called cruel.
    If your dog’s life was at risk because of her pregnancy, you’d end the pregnancy, no question.

    Pregnant dogs get better medical care than pregnant women in this country.

    146
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    Mute Ann Marie Swaine
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    Jul 17th 2013, 10:09 PM

    Brilliantly put Niamh, if only our officials, directly elected and not could show such common sense and compassion to families in their darkest hour

    8
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    Mute Niall Hendrick
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    Jul 17th 2013, 4:11 PM

    I guess more business for Ryanair then.

    122
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    Mute Tony Canning
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    Jul 17th 2013, 4:22 PM

    This is one area around abortion that I really thought should be in there. It seems absolutely barbaric to me that in the case of fatal foetal abnormalities that women and their partners should have to go through months of knowing what lies ahead while people smile and get excited for the pending birth.

    I just cannot imagine the immense emotional trauma that would cause. It’s certainly a choice that should be available (as it should for victims of rape and incest)

    I have to admit some ignorance to the wording here – is there something there I’m missing in terms of the format of the wording? Anyone?

    109
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    Mute Ian Walsh
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    Jul 17th 2013, 11:29 PM

    Its barbaric. Women or couples faced with fatal foetal abnormalities will be forced to travel to the UK. Its just shocking and there is no logic behind it.

    13
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    Mute LauraJane
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    Jul 17th 2013, 4:30 PM

    oh you stupid selfish gobshi*es… devastating enough being told the baby you were longing for or planning for or happily surprised by has fatal abnormalities but then you cant even be treated by ur own doctor in the comfort of your own country with your family around to support you through a terrible terrible traumatic time no you have to get on a plane like you’re doing something wrong and leave the country for treatment. jesus. I’m just totally baffled by our government lately. are they not bloody human at all?

    98
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    Mute Paul Wallace
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    Jul 17th 2013, 4:44 PM

    You Irish are strange…what an awful decision

    98
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    Mute Diarmuid Lenihan
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    Jul 17th 2013, 4:52 PM

    You’re right Paul we irish are very strange. Whatever about the rest of it this definitely should have been passed.

    58
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    Mute Bilbo Baggins
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    Jul 17th 2013, 8:10 PM

    42 cowardly bastards is what they are to be fair, and your right it makes us look “strange” at best to be represented by such idiots.. I’m not all for abortion on demand but I don’t feel it my decision to make. But this amendment so blatantly obvious it leaves only party politics and cowardice to blame.

    21
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    Mute Chris Prior
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    Jul 17th 2013, 4:19 PM

    Where’s the logic in voting no?

    93
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    Mute Daniel Dunne
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    Jul 17th 2013, 4:25 PM

    Because it is a very grey area. Many people are living quality lives having been diagnosed with FFA. However I personally think there are some grounds that could be legislated for and passed.

    14
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    Mute Jeanniejampots
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    Jul 17th 2013, 5:29 PM

    That’s not true. A FATAL fetal abnormality is just that. Fatal. Things like anencephaly ( no brain) Edwards syndrome, patau syndrome. The first you usually die in minutes the other two in days or months but no matter how long they live they never ever are walking around with a grand quality of life. Never.

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    Mute Kelly Davis-Jordan
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    Jul 17th 2013, 9:01 PM

    That’s just not true, we’re talking about FATAL foetal abnormalities, not just foetal abnormalities. The clue is in the word fatal.

    21
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    Mute Ger
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    Jul 17th 2013, 4:21 PM

    They had spoken to people who were conceived as a result of rape? Who cares?! What does that have to do with anything?

    Everyone is going to be glad they exist. People conceived as a result of a condom breaking will surely be glad the condom broke. That doesn’t mean we should outlaw contraception.

    91
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    Mute Billy Lyons
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    Jul 17th 2013, 5:07 PM

    I just finished reading this and am currently waiting to take off in Heathrow back to Dublin. An American tourist turned to me and asked if there was any time difference between the UK and Ireland. I looked back at the article and said to him “yeah, about 50 years”. It’s horrific and totally bewildering that a government that supposedly represents the people of Ireland don’t believe a woman who is made pregnant after being raped is allowed to make her own choice as to what is to be the outcome of that pregnancy.

    77
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    Mute Rawoc
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    Jul 17th 2013, 4:27 PM

    This is such a travesty. No compassion for families and especially women who continue to be forced to carry dead or unviable tissue inside them often for months and all of the associated medical complications and heartbreak. This is not abortion but yet seems to be lumped into that debate. Awfully isolating for those many people affected by this. So much for our politicians representing “the people” :(

    77
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    Mute Curry Chips
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    Jul 17th 2013, 4:21 PM

    How selfish of them!

    56
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    Mute Paul Geraghty
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    Jul 17th 2013, 4:52 PM

    Rape, incest, fatal foetal abnormalities – Abort Abort Abort

    26
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    Mute Maggie Elizabeth Walsh
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    Jul 17th 2013, 6:02 PM

    Not only do families have the trauma of having to deliver their babies in the UK, its also a huge expense to them and often they cannot bring the bodies of their babies home. There is also no support here in arranging appointments at the hospital in the Uk. We are completely letting these people down in not allowing them to end their pregnancy here, at home, with family and loved ones around them, with the medical team they have come to know. It’s sickening.

    23
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    Mute Ridiculous
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    Jul 17th 2013, 7:19 PM

    I want this to go to public vote. Those clueless jackasses dont have a clue

    23
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    Mute Rachel Walsh Howe
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    Jul 17th 2013, 7:08 PM

    Shocking decision, really disappointed at this :-(

    19
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    Mute Connaughtabu
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    Jul 17th 2013, 5:12 PM

    “Senator Ivana Bacik spoke of why the amendments were constitutionally outside the remits of the bill itself.”

    So why exactly did you vote against the amendment, Ivana?

    16
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    Mute Aonghus Collins
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    Jul 17th 2013, 5:52 PM

    ..because the amendments were constitutionally outside the remits of the bill.

    That means they’re bad (in the context that they would make the whole bill unconstitutional, thanks to good old article 40.3.3). Ans so she voted against it. Because if it had been passed, the whole bill would fail.

    15
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    Mute Connaughtabu
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    Jul 17th 2013, 8:51 PM

    All amendments will be voted down – the FG senators guarantee that.

    The time to show your true colours was now Ivana – to deny termination for fetal abnormality, rape and incest is an obscenity.

    Ivana, soon the Seanad will be no more and your voice will be heard no more.
    Good on David N!

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    Mute Jim Walsh
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    Jul 17th 2013, 9:21 PM

    @Connaughtabu – So you just ignored Aonghus’ comment to explain why Ivana Bacik voted against the amendment in order to have a go at her. Ivana Bacik has tirelessly worked for women’s rights over her career and I assume that if she reckons the amendment is unconstitutional then she knows what she’s talking about.

    As we currently stand constitutionally rape and incest can not be grounds from termination. I assume again that because of the stupid wording of Article 40.3.3 fatal foetal abnormality also can’t be used as grounds unless the mother’s life was at risk. That’s simply the reality of the law and no bill can be in breach of it without being struck down. The next step on is to remove Article 40.3.3 but that is probably not going to happen under this current Government.

    By the way if David Norris has his way the Senate will be around for a long time. You might want to think on that given your opposition to it.

    6
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    Mute Kelly Davis-Jordan
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    Jul 17th 2013, 9:50 PM

    Ivana is pro-choice, she had to vote against it as if it passed it would be unconstitutional because of the 8th amendment and then the whole bill would fail. Before cases of FFA or rape or health can be legislated for there needs to be a referendum to repeal the 8th amendment.

    7
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    Mute Connaughtabu
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    Jul 17th 2013, 10:07 PM

    @Jim Walsh

    I can read you know, honest!

    Whether current amendments are constitutional is of little consequence.They will be defeated, will disappear and the current legislation will pass into law along with all its flaws.

    People will ask in the future, “did no-one oppose it in the Oireachtas”? “Yes” they will answer “but only the usual suspects”

    ps: I am not opposed to the Seanad or to Ivana Bacik’s presence it it – I had the privilege of voting her in. Indeed I would vote for its retention, once the position of senator ceased to be pensionable. But FG has decreed it will come to an end and I have no doubt it will.

    1
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    Mute Adrian Peglar
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    Jul 17th 2013, 5:10 PM

    The Seanad is a dying breed that is never really making headlines , except for ridiculous expense accounts. Is this dying breed desperate to show its worth.

    12
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    Mute Irish Mule
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    Jul 17th 2013, 6:28 PM

    Another reason to get rid of the senate ASAP. How dare they vote against this and make a woman go through the trauma of child birth when the foetus isn’t going to survive. Roll on the referendum to send these useless shower of xxxxxx out to pasture.

    11
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    Mute Jim Walsh
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    Jul 17th 2013, 9:24 PM

    Blame the constitution not the Seanad (not that I’m in favour of retaining it anyway).

    4
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    Mute Anjelica Sommer
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    Jul 17th 2013, 6:37 PM

    Good God almighty – what decade are these “Senators” living in ??? Fire the lot of them…………!!!!

    11
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    Mute David Jackman
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    Jul 17th 2013, 9:09 PM

    Hang on, when exactly will abortion be allowed so? This is turning out to be the most watered down piece of legislation imaginable.

    8
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    Mute Jim Walsh
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    Jul 17th 2013, 9:25 PM

    The bill that is being passed is to legislate for the conditions laid down by the X case which is all that it can do given the current wording of our Constitution. What is so difficult to understand about this?

    3
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    Mute Anna Marie Dowdican
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    Jul 17th 2013, 10:03 PM

    Got on my high horse about this, I think this bill so badly flawed that i cannot understand anyone thinking it a good thing …however re the votes today as I understand it ..if the amendment had passed it would be unconstitutional because of the 8th amendment and as a result the whole bill would fail. So really there needs to be a referendum to repeal the 8th amendment…

    5
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    Mute Jackie Healy
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    Jul 17th 2013, 10:02 PM

    This is a sad day for Irish women and families. We are represented by cowardly uncaring fools. We all need to do something to wake these people up….. Like contact all of our public representative and express our views to them, email, phone , write… We should demand a referendum to change the law. How can our public representatives think and behave so different to the views of people here? I am ashamed of our government and want to do something… What can I/ we do?

    3
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