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Committee poised to back abortion law changes

Politicians on Oireachtas Committee on Health look set to sign off on plans despite Fine Gael objections to three-day wait removal

Minister for Health Stephen Donnelly: he asked barrister Marie O’Shea to examine the adequacy of Ireland's existing abortion laws.  Photograph: Nick Bradshaw
Minister for Health Stephen Donnelly: he asked barrister Marie O’Shea to examine the adequacy of Ireland's existing abortion laws. Photograph: Nick Bradshaw

An Oireachtas committee looks set to back calls for widespread changes to Ireland’s abortion law in a move which will place the political focus back on the Government.

In a draft report, seen by The Irish Times, the Oireachtas Committee on Health is recommending that the Government move “without delay” to introduce the legislative changes recommended by barrister Marie O’Shea, who was tasked with examining the adequacy of existing laws by Minister for Health Stephen Donnelly.

In her review Ms O’Shea recommended the decriminalisation of doctors, the removal of the mandatory three-day waiting period to access termination medication, and the introduction of a statutory obligation on healthcare workers to refrain from providing misleading information. Her review also found that there is a lack of clarity around allowing abortion in the case of fatal foetal abnormality save in straightforward cases.

After her report was published in April, Taoiseach Leo Varadkar indicated he would be “reluctant” and “uncomfortable” making changes. The Government then referred Ms O’Shea’s review on to the Oireachtas Committee on Health. Now the committee looks set to refer it back to them along with a recommendation to make the changes.

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In its draft report, which multiple sources expect will be approved “imminently”, the committee says that while it did not seek to come to a conclusion on each individual legislative recommendation it “supports them as an overall package”.

Together with plans for safe access zones outside clinics, the recommendations “are necessary to ensure that the 2018 Act meets the needs of women seeking to avail of services for the termination of pregnancy. The committee considers that work should be advanced to give effect to them without any delay. In that regard it recommends that the Minister for Health should bring forward appropriate proposals as a matter priority.”

A number of members of the committee told The Irish Times that they believe the draft report will be signed off on imminently despite resistance from Fine Gael.

Fine Gael Senator Seán Kyne has said he wants to resist the recommendation to remove the three-day waiting period, and he may be planning to submit amended wording.

The committee also recommends that the HSE should “expedite and complete without delay” work around ensuring adequate provision of existing abortion services around the country.

“Consultation with those providing or availing of termination of pregnancy services, and with other stakeholders, should take place as appropriate.”

Members of the committee “welcomed the opportunity to examine the legislative recommendations in the report”.

“In considering the report and its recommendations, it was very helpful for the committee to engage with Ms O’Shea, the chair of the review. The engagement assisted the committee in gaining an improved understanding of the research on which the report was based and considerations that informed them.”

Jennifer Bray

Jennifer Bray

Jennifer Bray is a Political Correspondent with The Irish Times