Taoiseach Leo Varadkar and Tánaiste Micheál Martin have welcomed barrister Marie O’Shea’s report on the provision of abortion services in Ireland, but both have expressed caution about implementing some of the legislative changes recommended in the report.
Mr Varadkar said he would “be reluctant and uncomfortable” to make changes to the legislation enacted after the 2018 referendum given he had assured people in the campaign there would be safeguards in place regarding the provision of abortion in Ireland.
“When I went out and others went out to look for a ‘Yes’ vote we said that there would be safeguards and that included things like the waiting period, things like the protection of conscientious objections,” said Mr Varadkar, speaking at an event in Cork.
“I have to say I for one would be reluctant and uncomfortable to make any big legislative changes so soon after that referendum, but this is a matter that people will be able to make up their own minds on.”
Ms O’Shea’s report recommends sweeping changes including the removal of the three-day reflection period for women seeking abortion, the decriminalisation of doctors who fail to adhere to current legislation, and changes to the granting of abortions in the case of fatal foetal abnormalities.
Mr Martin said Ms O’Shea’s report, which he described as “comprehensive”, will come before Cabinet for consideration and will then be sent to the Oireachtas Health Committee. He said that both legislative and operational aspects of the report will be given careful consideration.
“There are significant legislative changes as well as operational recommendations – there are over 30 operational recommendations and potentially up to ten pieces of legislation being recommended and we have to give that detailed consideration going through the individual recommendations.
“I think it’s good work and what I would like to see immediately is that all hospitals would observe the law and provide services – not all have yet but it is anticipated that by Q3, the vast, vast majority of hospitals will.
“But in my view, the referendum was passed, legislation has been enacted and as a basic minimum requirement, public hospitals should provide that which is legally provided for and for which the people voted for,” said Mr Martin, speaking at a separate event in Cork.
Meanwhile Mr Varadkar reiterated his commitment to providing safe abortion services but stressed the Government would not be signing off on any legislative change to what the people voted for in 2018 without careful consideration.
“On my first day as Taoiseach back in 2017 I said I wanted us to repeal the Eighth Amendment. I wanted us to do so to protect women’s health and to give women more autonomy over their own bodies and the public agreed to do that in a referendum by a very large majority.”
“All Cabinet will decide on Tuesday is to publish the report so people can see it and then when it comes to proposals for legislative change, they will be referred to the health committee for further consideration and hearings and to hear views from all sides.
“We intend for it to be published thereafter. It does have two aspects – one [involves] the recommendations on how we can improve the services as they exist and that will go to the Health Service Executive for implementation.”
“But as the Taoiseach who put the proposal to the people to repeal the Eighth, who went and campaigned for a ‘Yes’ vote in the interests of women’s health and giving women a choice over what happens to their bodies, I did so on the basis there were safeguards and protections.”
He said he had campaigned for a situation in which abortion was “safe, legal and rare”. “I would be reluctant, and I would be uncomfortable to make any big changes to the legislation, but this is something we need to discuss,” he said.
Mr Martin said that if there are to be legislative changes, members of Fianna Fáil would be given “a conscience vote” as has been the party’s consistent position on such matters but he stressed that the Government as a whole was very conscious of what people had voted for in 2018.
“I think we are mindful of what we said to the people some years ago in the referendum as to what the framework would be for the provision of services and that’s a fair point that has to be taken on board but then there are other issues regarding the operational aspects which we have to consider.
“I think all parties will give this serious consideration in respect of this both in terms of the commitments that have been made in the context of the referendum itself but then also if a fair argument is being made in respect of some issues, then to give that serious consideration as well.”
