Government flags ‘difficulties’ with Social Democrats’ abortion reforms

There are “difficulties” with a Social Democrats Bill to enact reforms of abortion legislation, the Cabinet has been told.

The Dail is to debate a Bill from Social Democrats leader Holly Cairns on Wednesday that would enact recommendations of a 2023 report into existing legislation, which came into effect after Ireland voted to liberalise its laws on terminations in a landmark referendum in 2018.

Ms Cairns said the Bill would provide clarity on terminations for medical reasons, including fatal foetal abnormalities, remove an existing three-day waiting period between GP consultations prior to a termination and end the “criminalisation of doctors”.

However, the Government said some of these provisions would be “problematic” for legal and operational reasons as well as concern over “unintended consequences”.

The provisions of the Bill arise out of a senior barrister’s review of abortion laws, which recommended a series of operational and legislative changes to the system.

Marie O’Shea recommended 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.

Her review also recommended the threat of criminal sanction be removed for medics found to have acted outside the provisions of the abortion legislation.

On Tuesday, the Government Press Office said it had agreed a free vote on the matter among its members.

However, it said the Department of Health had considered each of the Bill’s provisions and engaged with “relevant stakeholders” including the HSE and the Attorney General.

It said: “Difficulties with some of the provisions were identified.

“The feedback received, identified that some of the proposed amendments are unnecessary and can (and are) addressed through the existing legal framework, while others would be problematic from an operational and legal perspective.

“Specifically, issues such as decriminalisation for medical practitioners, the revised criteria for termination for medical reasons, and the introduction of ministerial guidelines for clinical practice present significant difficulties.”

Ms Cairns said she was “surprised” at the position, stating that all her amendments came from the Government-commissioned expert review.

She said: “That review found that women are still being forced to travel abroad, when they receive a diagnosis of fatal foetal abnormality; that the three-day mandatory wait period had been criticised by both medics and women as a barrier to care; and the criminalisation of doctors led to overly cautious and risk-averse decision-making, which could negatively impact women’s care.

“It should also be noted that the WHO is in favour of decriminalisation and the removal of mandatory wait periods, meaning Ireland is out of step with international best practice.”

She added: “My legislation is not radical, it is reasonable, necessary and long-overdue.”

She said she hopes the Government would work to progress the Bill towards pre-legislative scrutiny at committee stage where issues could be addressed.

“When people voted for repeal, they voted for a compassionate evidence-based system of care for women.

“However, the law that was passed in 2019 is demonstrably failing women it was intended to help.

“I don’t believe we should wait any longer to address clear deficiencies in the law that are having a negative impact on women.”

The Government said “significant progress” has been made since the publication of the O’Shea Review in terms of increasing access to services.

It pointed to termination services in early pregnancy now being provided in all 19 maternity hospitals (up from 11 at the time of the report’s publication) and a “sustained increase” in community providers.

It added that one of the two consultations required for termination in early pregnancy can take place remotely.

Minister for Health Jennifer Carroll MacNeill is to address the matter during the debate.