Abortion zones bill 'more to satisfy lobby group than solve a real problem' Dáil hears

Image credit: Oireachtas TV

The Safe Access Zones Bill is “more to satisfy a lobby group than to solve a real problem that exists in society,” the Dáil has heard.

The comments were made by Fianna Fáil TD Éamon Ó Cuív as the legislation, which would make it a criminal offence to pray or protest within 100 metres of buildings where abortion is provided, was debated at second stage on Wednesday. 

Ó Cuív, who voted no to repealing the eighth amendment in 2018, insisted there were a “number of wider issues” that arise when it comes to introducing the zones outside abortion facilities and hospitals. 

Addressing Minister for Health Stephen Donnelly, the TD asked what would happen, for arguments sake, if protests – both advocating for and against abortion law – passed by medical clinics. 

“Perhaps the Minister can tell me. What happens if, for argument’s sake, there is a pro-choice protest in Dublin in favour of amending the law to liberalise it, which is trying to persuade people to allow more abortion, and it marches past a number of medical clinics?” he asked, continuing: “Is that going to be a breach of the law?”

“If there was a pro-life march down town, arguing for the opposite but arguing over the same subject, will that be legal?” he asked. 

“The whole idea of protest is trying to persuade people. What does the law say about protest marches going past baby hospitals and clinics, with protesters holding up banners telling people to protect human life and not to have an abortion?”

He also questioned the need for the law, telling the Minister that you only introduce a law if “you are advised there is a need for the law.” He referenced a letter addressed to Minister Donnelly in 2019, from Garda Commissioner Drew Harris, who advised the Minister that existing public order legislation was “adequate” to deal with the types of protests witnessed at Irish hospitals and clinics to date.

“My second point, and it is a basic rule of law and nothing to do with the specific issue, is that you bring in law if you are advised that there is a need for the law. Is it correct that in September 2019, Garda Commissioner Drew Harris wrote to the then Minister for Health to advise that the existing public order legislation is adequate to deal with the kind of protests witnessed at hospitals and clinics to date, and that the introduction of exclusion zones would be redundant because of the existing current laws and the fact that no instance of criminality has been reported or observed?” he asked the Minister.

“That is the second basic principle of law. A law should not be introduced if it is not necessary, because every law has unintended consequences and restrictions,” he added.

‘ALREADY HAVE POWER’ TO DEAL WITH HARASSMENT

He said that while he “absolutely” agreed that people should “not be hassled” when they are going to a doctor’s clinic or a hospital, was it not the case that we already have the power to deal with issues that may arise.

“Taking doctor’s clinics, for example, the reality is that nobody knows what patients are going into the clinic for. There was talk about rural clinics. Certainly, in my experience of the rural clinic, nobody knows your business.

“They might know you, but they do not know your business if you go to see the doctor. Therefore, the idea that people could be targeted does not add up. It seems to me that this law was written with abortion clinics in mind, à la the arrangement in Britain,” he said.

Deputy Ó Cuív said he believed TDs needed to tease the Bill out, adding that he hoped the Government does not try to rush the legislation through the House – something he described as “a very bad habit”. He also express concerns that the passing of the legislation could result in “unintended consequences” and bad precedents on a broader level.

“I hope we take a very detailed look at this and go through it line by line, now that we have the legislation. I hope the Minister brings it to the committee and that whatever time needs to be taken will be taken so that we do not have a whole lot of unintended consequences and bad precedents in relation to other forms of protest over other things that this might be used as a precedent for. 

“I must say that I think that this Bill is more to satisfy a lobby group than to solve a real problem that exists in society. As I said, it would appear that the Garda does not think it needs this power, and it is always looking for power, as the Minister and I know.”

In sharp contrast, Labour TD and abortion rights campaigner Ivanna Bacik, said it was “unfortunate” to see that the legislation had taken so long to reach second stage in the Dáil. She claimed that protests around facilities providing abortion sought to “impede the carrying out of a service that has such an overwhelming democratic mandate” following repeal. 

SHORTAGE OF DOCTORS PROVIDING ABORTIONS?

The Labour TD referenced a lack of GPs being willing to provide abortion, while she welcomed the Health Minister’s commitment that Ireland is “on track” to see 17 out of 19 Irish maternity hospitals / units providing abortion by the end of the year.

On an apparent shortage of GPs willing to perform abortions, Deputy Bacik said she had been in contact with abortion providers at a recent conference who “spoke with me about their anxiety to see more colleagues join them, particularly GPs.”

Research conducted in 2019 showed that nine out of ten Irish family doctors were not providing abortion, a figure described as “significant” by pro-life groups at the time.

As reported by Gript, the research paper, authored by pro-abortion campaigners, the National Women’s Council found that almost half of the maternity hospitals and units across the country had not fully implemented abortion provision – with just 10 out of 19 providing all services envisaged under the abortion regime.

It had been previously reported that conscientious objection and recruitment were an issue in at least four of those maternity hospitals.

The research from 2019 said that in County Sligo, not one GP was providing abortions. Chemical or medical abortions are legal under the 2018 legislation up to 12 weeks of pregnancy – usually carried out by the ingestion of pills provided by GPs or family doctors.

Groups including Doctors for Life have argued that proposed zones seeking to criminalise prayer infringe free speech, free assembly and religious liberty.  In October of last year, one such doctor, Dr Ronan Cleary, writing in the Irish Medical Times (IMT), described Safe Access Zone proposals as “a vindictive attempt to silence dissent”.

Dr Cleary strongly refuted an earlier claim by the paper’s editor that the “argument on abortion is over”, and that zones around abortion centres were necessary as pro-lifers were acting like “bullies”. He too pointed out that Garda Commissioner Drew Harris confirmed he believed establishing the zones in law was not needed, given the existence of other laws preventing any intimidation or harassment.

The Rally for Life at the weekend heard similar concerns echoed by Consultant Obstetrician and Gynaecologist Dr Trevor Hayes, who claimed that many medics would leave medicine rather than provide abortions.

“Now, we have an abortion review process that is seeking to bully Irish pro-life doctors and nurses,” he told the gathering. 

“At a time when our maternal health care services are stretched to breaking point, does the Minister think a bullying tactic like this is going to work?” he asked.

“Does he think that the public would agree with the contention that badly-needed doctors and nurses will be fired if they won’t carry out abortions? The answer is obvious. They would not,” the consultant obstetrician said.

Bacik added that she found commentary around the 5-year-review report “disappointing” – referencing comments made by Taoiseach Leo Varadkar “which seemed to be less supportive of the recommendations than we might have hoped.” She said she welcomed Minister for Justice, Helen McEntee’s, statement at the weekend that she “personally is in support of removing the three-day waiting period” – adding that she hoped more Government colleagues would join her in expressing similar views.

Last month, Mr Varadkar said that he would like to have seen the Abortion Review ‘properly explore’ why women did not return for an abortion after the 3-day waiting period – while adding that he would like to see fewer abortions happening in Ireland.

In an interview with the Irish Times, an Taoiseach said he would like to see a lower number of abortions taking place in Ireland, saying that while it is “sometimes necessary” it is “not a good thing”.

---

This piece was first published on Gript.