A People Before Profit Bill to expand access to abortion services has passed to the next stage in the Dail after the Minister for Health lost a vote to delay its reading.
Stephen Donnelly had said the Oireachtas health committee is the appropriate place to examine recommendations on services for the termination of pregnancy and therefore tabled an amendment to delay the Bill for a further reading in 12 months.
However, Mr Donnelly’s motion was defeated in the Dail by 74 votes to 61 with three abstentions.
The amendment was defeated with the assistance of votes from within the Government benches after coalition parties allowed a free vote.
Minister Ossian Smyth and Ministers of State Dara Calleary, Joe O’Brien, and Patrick O’Donovan voted against the Health Minister’s amendment along with Charlie Flanagan, Brendan Griffin, Cormac Devlin, Patrick Costello, Michael Creed, Ciaran Cannon, John McGuinness and Eamon O Cuiv.
A subsequent vote on the original People Before Profit Bill, which would abolish the three-day waiting period for abortion on request, was passed by 67 votes to 64 with eight abstentions.
Ministers Smyth, Roderic O’Gorman and Catherine Martin, along with Ministers of State O’Brien, Neale Richmond and Malcolm Noonan voted in favour of the Bill being progressed.
Coalition TDs Francis Noel Duffy, Brian Leddin, Steven Matthews, Marc O Cathasaigh and Mr Costello also voted in favour.
From the same side of the house, Ministers Eamon Ryan and Darragh O’Brien abstained along with Emer Higgins, Paul McAuliffe, John Lahart, Jim O’Callaghan and Christopher O’Sullivan.
The Minister for Health also abstained in this vote.
The votes follow recommendations made by an independent review of the current legal framework, which was undertaken by barrister Marie O’Shea.
That review recommended a series of operational and legislative changes to the system, including the removal of a mandatory three-day waiting period between a woman’s initial medical consultation and her being given access to abortion treatment or medication.
The framework introduced after the referendum provides for unrestricted access to abortion up to 12 weeks in term.
After that point terminations are allowed in certain circumstances, such as in cases of fatal foetal abnormalities and when there is a risk to the wellbeing of the expectant mother.
The review recommended several changes to the system for determining when abortions can be granted post 12 weeks and also recommended that the threat of criminal sanction is removed for medics found to have acted outside the provisions of the abortion legislation.
Cabinet considered the independent report on the April 25 and agreed that the HSE would set up an implementation group to progress the operational recommendations.
However, it decided that the legislative recommendations be considered by the Oireachtas Committee on Health.
During debate on the Bill last week, Mr Donnelly said it was important to give the recommendations of the report “due consideration and due deliberation” at the committee.
“It’s important to allow the Joint Committee on Health the time and the space its members need to complete their deliberations before proceeding with any potential legislative change.”
He said he “campaigned hard” prior to the referendum but added that those who voted in support did so in the context of the proposed legislation at the time.
“People did not vote to repeal the eighth in isolation, they voted to repeal the eighth (amendment) in a very clear context of the heads of the Bill.
“And I know there are people I spoke to who were voting to repeal the eighth with a very clear understanding of some of the measures in place that we’re discussing, and I think it’s important as we debate this – as we must – that we keep both of those things in mind, the democratic imperative which we need to respect as well as the absolute need to provide the best possible services to women.”
During that debate, People Before Profit TD Brid Smith said: “The vast majority of people voted to take us out of the dark ages in relation to abortion rights for women and girls in this country.”
She said the minister’s amendment would be doing a “huge disservice” to the people who need abortion care in Ireland.
“People voted yes to give women a choice and to stop them travelling out of this country to access basic abortion healthcare.”
She said the report was evidence that there are certain obstacles within the legislation that are forcing women to travel and are not delivering the full abortion care service in the country.
Mr Donnelly’s position was that while there is some overlap, the People Before Profit Bill “goes further” than the recommendations of the report.
The People Before Profit Bill would change Ireland’s abortion legislation to provide for abortion on request prior to foetal viability, to abolish the three-day waiting period for abortion on request, and to allow for abortion on grounds of fatal foetal abnormality that are likely to lead to the death of the foetus either before or within a year of birth.
It also called for the provision of services to allow for abortion where there is a risk to the life, or of serious harm to the health, of the pregnant woman and to decriminalise the provision of abortion.
