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Two separate protests - one pro-choice and another anti-abortion - outside the Dáil this year. Photocall Ireland (File)

Junior Minister wants free Dáil vote on any X Case legislation

The issue of abortion will dominate this week’s political agenda as the expert group report is expected to be published.

JUNIOR FINANCE MINISTER Brian Hayes has said there should be a free vote on any legislation for the X Case as the issue of abortion looks to set to dominate political discussion this week.

Speaking to RTÉ’s The Week in Politics last night Hayes said that it had been his view as far back as when he was in opposition that there should be a free vote and that TDs should not be subject to the party whip given there was “a variety of views across all political parties”.

He told the programme: “I said this when I was in opposition and it is still my view. I’ve always believed that we’ve made dreadful mistakes on this issue by making it into some kind of party political issue.”

His comments came ahead of the publication of the expert group on abortion’s much-anticipated report this week after it is discussed at Cabinet on Tuesday.

TDs will also debate United Left Alliance TD Clare Daly’s reintroduced Private Members’ Bill which would legislate for the X Case, the bill was defeated by the government earlier this year in anticipation of it introducing its own measures.

Various media organisations have reported on the expert group’s report in the last few days with indications that the report calls for primary legislation instead of guidelines or regulations to deal with the X Case.

The Supreme Court X Case provided for abortion for women when their lives are in danger, including from the risk of suicide.

In 2010, European Court of Human Rights said there is a gap in the theory and practical implementation of the right to a lawful abortionbecause of the lack of corresponding legislation.

Sinn Féin’s Gerry Adams said that the government needed to explain why the report was not made available to members of the Oireachtas before it was leaked to the media and said there needed to be a timetable for legislation.

“The Government needs to set out a timetable for progressing long overdue legislation on this issue through the Houses of the Oireachtas,” he said in a statement last night.

Sinn Féin earlier said the leaking of the report was “disgraceful”.

Fianna Fáil leader Micheál Martin said that the report had been ”leaked all over the place” saying it was “very poor form” on RTÉ’s Morning Ireland.

When asked about the leaking of the report to RTÉ’s Prime Time last week, the Department of Health did not directly respond to a query about the report’s leaking.

It said in a statement: “The Minister for Health still intends to bring the Report to Government on Tuesday, 27th November seeking Cabinet approval for its publication.”

Read: Legislating for the X Case: Where do the parties stand?

Read: Dáil rejects SF motion demanding immediate legislation on X case

Read: Government likely to make X Case decision early next year – Reilly

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17 Comments
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    Mute Sean Beag
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    Nov 26th 2012, 8:43 AM

    Party based voting is a perversion of the democratic process. It should be illegal to force a TD to vote a certain way. They are supposed to represent their constituents views.

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    Mute Jim Walsh
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    Nov 26th 2012, 5:57 PM

    They are elected on a party platform as opposed to their own views. Therefore its reasonable to assume that most people voting for them are also voting on the party platform. It would then be wrong for them to suddenly decide that they don’t want to represent that platform. If that’s what they want they should go as an independent before the electorate.

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    Mute Brian O'Sullivan
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    Apr 18th 2013, 10:25 AM

    There’s nothing wrong with party based voting, per se. It’s party based speaking time in the Dáil that’s the problem. The smaller your party, the less time you have to speak. If you’re an independent, you’re screwed unless you put together a technical group.

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    Mute Derek Byrne
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    Nov 26th 2012, 9:03 AM

    Is the catholic church or the government running this country ?

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    Mute Dave Harris
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    Nov 26th 2012, 9:31 AM

    Or in other words ‘Is the catholic church or the government RUINING this country?

    46
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    Mute Mjhint
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    Nov 26th 2012, 11:54 AM

    We have no idea how much the catholic church runs the government. Any politician that is catholic could face excommunication on these matters. Thats the gun being held to their head.Do we really want to live in a state run by an organisation without credibilty. This is a fight to the death for the catholic church. They see their power slipping away.

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    Mute feck'n voters
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    Nov 26th 2012, 4:02 PM

    Since all the Sunday collections have nearly stopped the Fs (FG/FF) have directed larger amounts of tax payers money into church controlled charities (Ruhama, Immigrants Council of Ireland…).

    Those charities in turn use their citizen paid PR departments to push church policy from an ‘independent’ advocacy position. The local TD gets to cut the ribbon at the next charity event, they get elected for ‘doing good for the community’ (non-church groups don’t have a chance) with the aid of the few votes the church can muster.

    The whip ensures that there is no free vote and the church/government policy/finance/vote loop is closed.

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    Mute Chris Galligan
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    Nov 26th 2012, 9:26 AM

    There should be no obfuscation or waffling on this matter. We need to legislate with safeguards for all. Its a disgrace that we have, after all this time, exported our problems abroad as if it never happens. Typically Irish solution to an Irish problem, stick our heads in the sand and hope it goes away. We need “Savita” legislation now.

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    Mute Garry Fitzgerald
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    Nov 26th 2012, 12:05 PM

    We need to legislate with safeguards for all…………………what in all that’s holy could this mean?

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    Mute âš¡Wynnnerâš¡
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    Nov 26th 2012, 10:10 AM

    Meanwhile over 4,000 women still travel to the UK, it’s really time we face the reality instead of continuing to stick our heads in a sandbox

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    Mute werejammin
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    Nov 26th 2012, 9:02 AM

    Another insult to our intelligence by the masters, Fine Gael. They haven’t the nerve to vote as a party on the matter after Savitas death,so are hoping to weasel around it with a free vote.

    Don’t believe me? Where was Shatter calling for a free vote back in April on the same matter?

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    Mute Garry Fitzgerald
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    Nov 26th 2012, 10:50 AM

    “an insult to our intelligence”…….mmmmmmm?

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    Mute Paddy Rooney
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    Nov 26th 2012, 10:13 AM

    Has the Dáil ever had a free vote recently, it must be one of the world’s most whipped parliaments.

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    Mute Colm OConnor
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    Nov 26th 2012, 6:09 PM

    Any TD who votes no is blocking the democratic will of the people. No TD should even countenance voting no.

    In terms of abortion in general, I don’t think parties should have policies other than a commitment to hold referenda or not. That said, every candidate should state the way they would vote on such matters before the election.

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    Mute Barry McSweeney
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    Nov 26th 2012, 5:48 PM
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    Mute Dermot O'Reilly
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    Dec 19th 2012, 9:40 PM

    A free vote for all TDs is essential. Otherwise we will have a dictatorship headed by Dictator Enda!

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    Mute Dermot O'Reilly
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    Dec 19th 2012, 9:35 PM

    Some say that the Supreme Court decision on the X case is probably incorrect and unconstitutional. If true why has the Expert Committee of Advisers not recommended a review of the X case before recommending legislation.FG gave a or election commitment that it would NOT legislate for abortion.It is now doing so. FG has adopted the policies of the Labour Party on abortion. If the government do not reassess its position FG will be wiped out at the next election. Remember the VAT on children’s shoes! Sad!

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