THIS WEEK THE issue of abortion has taken centre stage in public debate following the death of Savita Halappanavar at a Galway University Hospital.
The full circumstances of the 31-year-old dentist’s death following a miscarriage are not clear at this point and the matter is the subject of two investigations. But there is little doubt that the issue of abortion and the Supreme Court’s ruling in the X Case are hot topics once again.
Briefly, the 1992 Supreme Court judgement in the X Case gives women the right to access abortion when their lives are in danger, including from the risk of suicide. In 2010, the European Court of Human Rights said there is a notable gap in the theory and practical implementation of the right to a lawful abortion in Ireland because of the lack of corresponding legislation.
Two months ago, TheJournal.ie began contacting all 226 members of the Oireachtas – 166 TDs and 60 Senators – to find out where they stood on the issue of legislating for the X Case.
We asked the following question: How would you vote if offered a ‘conscience vote’ on legislating for abortion as provided for in the X Case – i.e. where it was deemed that the life of the mother was at risk, including through the risk of suicide?
Of the 226 Oireachtas members we asked, 45 responded to us. Of them 23 said either they did not want to say or that they were waiting for the report of the expert group on abortion before making their decision.
Eighteen Oireachtas members said they would vote Yes to legislation, and four said they would vote No.
Obviously this is not representative of the membership of the upper and lower houses and having failed to get a response from most TDs and Senators this week we went to the parties themselves and a selection of independents to ask where they stood.
We asked them this:
Is your party in favour of putting the ruling in the Supreme Court ‘X Case’ on a legislative footing?
- If yes, why?
- If no, why?
Here is what they told us:
Fine Gael will not pre-empt the recommendations of the Expert Group, which has only this week delivered its report to the Minister for Health. The Minister and his Department will now reflect on the recommendations of the Expert Group. The matter will come before Government in due course.
We believe that the Supreme Court ruling on the X case needs to be tackled.Under the Programme for Government, we promised to establish an expert group to examine these issues and to make recommendations to Government on how this matter should be properly addressed. Those recommendations may include legislation of some sort, regulation of some sort or some combination thereof. That Group has completed its report and it will be considered by the Cabinet very shortly.
We must deal with the issue and bring legal clarity to it.
Fianna Fáil believes it is prudent to await the publication of the Expert Group Report on the European Court of Human Rights judgements on the A B C cases before making any commitment about how best to respond to legislating for the Medical Council Guidelines.This response will require the advice of the group which was made up of medical, legal and ethical experts.
This is a complex legal and constitutional issue and needs a considered response.
Obviously Fianna Fáil extends its deep sympathies to the Halappanavar family on the sudden and tragic death of Savita and we believe that there should be a full and independent inquiry into her death.
Yes.
If yes, why?
Sinn Fein believes that all possible means of education and support services should be put in place, so that the difficult choice to terminate a pregnancy can be avoided by as many women as possible.
However in the case of rape, incest or sexual abuse, or where a woman’s life and mental health is at risk or in grave danger Sinn Fein accepts that the final decision rests with the woman.
It is time for legislation to be finally put in law to protect the rights of women as decided by the Supreme Court in 1992.
THE SOCIALIST PARTY
In response to our questionnaire the Socialist Party sent this statement:
The Socialist Party supports legislation that will give effect to the Supreme Court ruling on X.However we go further and support comprehensive, free, safe and legal abortion rights for women in Ireland, North and South. Whatever about an individual’s view on abortion we believe in the final analysis that a woman who chooses to terminate her pregnancy will take whatever means at her disposal to carry that decision out. The only thing the law can do is try frustrate that choice by placing financial and geographical obstacles in the way which is the situation in Ireland.
That said we support genuine choice in the sense that we believe that austerity and poor childcare facilities that pre-dated the economic crisis place huge challenges on people raising children. Therefore the fight against austerity is intimately linked with a consistent pro-choice position.
I am in favour of legislating for X. Simply because what we warned would happen back in April when we tried to introduce legislation on this matter has now happened. We have seen the needless and tragic loss of live because politicians in this country for too long have been spineless when it comes to legislating for something that should have been done twenty years ago after the X case.
Are you in favour of putting the ruling in the Supreme Court ‘X Case’ on a legislative footing?
Yes, I absolutely am in favour of putting the ruling in the Supreme Court ‘X case’ on a legislative footing.
If yes, why?
While it is appalling to even consider the fact that a tragedy like this was allowed to happen in the first place, there can be no argument with Savita’s husband; Praveen that what happened to Savita Halappanavar can never be allowed to happen in this country again. Earlier this year I supported the Bill which could have prevented this tragedy from occurring but unfortunately that Bill was defeated by Government. While action now is too little too late for Savita and her husband Praveen, it is not too late to save other women from this horrific experience. The equal right to life of both the mother and the unborn child must be acknowledged. Immediate action is required.
I am conscious that there are very strongly held positions on either side of this divide. However, I am in favour of legislation for the X-case. I voted for a private members bill urging the government to legislate for the X-case in April of this year – that’s 20 years since the Supreme Court ruling. The bill was defeated by 111 votes to 20. When such a vote comes before the Dail again, I will once again vote in favour of legislating for the X-case.
There is now a moral imperative on the government to legislate for the X-case. If they had done their job at an earlier stage, the tragic death of Savita Halappanavar and the untold hardship of many others may have been prevented.
- additional reporting Gavan Reilly and Paul Hyland
(All Pictures: Photocall Ireland)
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