BOTH SIMON HARRIS and Micheál Martin have said the incoming government will consider making changes to Ireland’s abortion legislation, nearly two years after an independent review made a number of recommendations.
There has been speculation in recent weeks that implementing the recommendations will not be a priority for the new coalition.
Government formation talks are ongoing but it’s almost certain the new coalition will comprise Fianna Fáil, Fine Gael and a number of independent TDs.
When asked about the issue by The Journal today, Fianna Fáil leader Micheál Martin said the outgoing government “made very significant progress on that front” and it is unfair to assume the new government won’t.
“I don’t think it’s fair to say – because independents are coming into government – that any further reforms in that area are dead in the water,” Martin stated.
The review of the Health (Regulation of Termination of Pregnancy Act) 2018 was led by barrister Marie O’Shea, who published her report in April 2023.
Her recommendations included removing the mandatory three-day waiting period and the risk of decriminalisation of medical professionals who provide abortions.
While women are decriminalised under the current legislation, it criminalises anyone who assists a pregnant person to obtain an abortion outside of the provisions of the Act – with a prison sentence of up to 14 years.
O’Shea previously said the risk of criminalisation is having a “chilling effect” on doctors who provide termination services, while some doctors “actively obstruct” women from receiving treatment due to personal beliefs.
Legislation allowing for the creation of ‘safe access zones’ around facilities where abortions are conducted came into effect in October - delivering a commitment made by the then-government in 2018.
However, there has been a prolonged delay in implementing O’Shea’s recommendations – a fact the barrister has criticised.
When also asked about the issue by The Journal today, outgoing Taoiseach Simon Harris said the new government will give O’Shea’s report “careful consideration”.
Harris, who was the Minister for Health when the Eighth Amendment was repealed in 2018, said the government at the time “did provide assurances to people that if they voted Yes, that there would be certain things that would be legislated for, and there would be certain things that would not be legislated for”.
“I do think when you give your word in politics, that counts for something as well.”
Harris said the issue is “complex” and he didn’t want to “preempt the Programme for Government conversation”.
He also said it would be “unfair” to categorise the new government as being “more or less likely to act on these issues”, noting the changes “weren’t brought forward” by the outgoing Fine Gael-Fianna Fáil-Green Party government either.
“What you have to balance here is absolutely making sure that women’s health, the safety of women’s health, is prioritised, but also that we keep our word in terms of the referendum we had,” Harris added.
O’Shea’s review in 2023 also noted there is “uneven geographic coverage” of abortion service providers, which requires some women to travel, sometimes at significant cost, to access a termination.
More than 1,000 women have travelled from Ireland to England or Wales to access abortion services since 2019, despite the liberalisation of our legislation in 2018.
Hundreds of women from Northern Ireland also had to travel abroad to access abortion services in recent years.
A new legal framework for abortion services in Northern Ireland took effect from 31 March 2020. However, the rollout of services was slow and many women still have to travel elsewhere to access treatment.
As part of a series exploring how many women have to travel to access abortion services across Europe, The Journal is looking to speak to women with direct experience of this.
If you have had to travel from Ireland or Northern Ireland to access abortion services in the UK or elsewhere since 2019 and would like to share your story, please email answers@thejournal.ie.
Any information provided will be treated in a sensitive manner. You can remain anonymous, if required.
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With reporting by Christina Finn
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