Minister for Health Leo Varadkar has said the country is now “in a slightly different position” on the timing of a possible referendum on abortion law followingthe case of a pregnant woman on life support.
Mr Varadkar said before any certainties could be arrived at, it was important to see what emerges from related High Court proceedings and that he was curtailed in what he could say.
A case in relation to the continuance or not of the life support for the pregnant women was initiated at the High Court on Monday. It was adjourned until December 23rd. Reporting restrictions were put in place for media not to identify the woman or her location.
When Mr Varadkar was asked about his view on when a referendum on abortion might be held, he said: “Well we are in a slightly different position now because unfortunately a very tragic case has entered the public domain and I think in those circumstances it’s important that we see how that develops,” he said.
“[It’s important] that we give the family and the doctors, who are facing enormous dilemmas now all the support that we can and we try to be as compassionate as we can and not overly certain.
“I think what’s core to this is that we have compassion in our minds first and foremost, not absolute certainties and I don’t think we should rush into any decisions, on anything actually, until we see how the situation develops.”
With the country now focused on the latest legal dispute regarding the rights of the unborn child, Mr Varadkar said he believed an absolute solution was unlikely.
“We will never have a perfect law. We will have to continue to amend our laws over time to keep up with medical technology and medical ethics and also societal views,” he said.
“But I do think that in the current context now where there is human tragedy, an individual case, a grieving family and doctors facing very difficult clinical dilemmas that they shouldn’t have to do that with the maelstrom of publicity around them.”
Regarding his recent Dáil speech on the issue in which he said he believed the current laws to be too restrictive, Mr Varadkar said given his five months in the health portfolio, he was not minded to deliver a “stock holding” position in a debate tabled by the opposition.
He said he was aware of the new case before giving his speech but does not have access to individual patient information.
Kenny will not have ‘knee-jerk reaction’
Taoiseach Enda Kenny has said he would not have a “knee-jerk reaction” to sensitive cases involving abortion law.
Responding to questions regarding the case of an Irish woman who is on life support but whose foetus is alive, the Taoiseach said: “Many of these are very sensitive issues and I have no attention of having a knee-jerk reaction or an immediate reaction to something as personal, as sensitive and as complex as this. “
Speaking in Brussels on the way into a summit of EU leaders, Mr Kenny said that he did not wish to comment specifically on the individual case, which was “an absolutely sensitive case.”
“Let anybody put themselves in the position of this family with the trauma, and the stress, and the pressure that’s involved. I do not want to say anything about this or any individual case here. As I said yesterday in Dublin, there are circumstances that arise occasionally where clearly complexities exist obviously, and they’re outside the scope of the legislation.”
Law will not be revisited before election - Kelly
Abortion legislation will not be revisited in the lifetime of this Government, the deputy leader of the Labour Party Alan Kelly has said.
Mr Kelly, who is also Minister for the Environment, said the matter need to be studied and thought about more.
He was asked about the case of a pregnant woman who is being kept on life support in hospital.
“This is a very, very difficult case. You study this case there is no right or wrong answer in relation to what I can say on that. It’s very sad,” he said.
“But it’s a very tricky and difficult situation and it’s one that’s going to have to be studied very carefully.”
Mr Kelly said the Government had “gone through a process” of introducing new abortion legislation last year.
“We have brought about the change that we have but certainly I think in the lifetime of this Government I can’t foresee any further changes taking place.”
Mr Kelly said the matter was something that needed to be studied and thought about a lot more by people across all political parties.
“The issue we are talking about today in relation to that unfortunate woman who is in that circumstance just shows that we need to think a lot more about this issue and possibly make further progress into how we as a country deal with circumstances like this.
“But I can’t foresee that issue being progressed in the lifetime if this Government at the moment anyway.”
Mr Kelly was speaking ahead of a Simon event in Dublin.
Joan Burton discussed case with Taoiseach
Meanwhile Tánaiste Joan Burton has discussed the case of the pregnant woman on life support with Mr Varadkar and Taoiseach Enda Kenny.
Ms Burton said she was “aware of the case since late on Sunday when I received a phone call from the Minister for Health who advised me in very sketchy form because I think that was all the information he had.
“I had a conversation subsequently with the Taoiseach briefly yesterday morning but there was no Cabinet discussion.”
Ms Burton was responding to Fianna Fail’s Dara Calleary during leaders’ questions who asked if the case was discussed by the Cabinet.
The Tánaiste said it was her understanding that the family were seeking to take a legal case so she could not comment in detail.
“It is for her family and loved ones to decide how they would like their daughter to be treated and I understand they will be taking court proceedings early next week.”
Mr Calleary said this case should not be used by any side to move a political view forward.
Ms Burton said when this amendment was brought before the people and they voted in favour of the eighth amendment, “my party, the Labour party voted against the referendum”.
She said she understand “that the foetus is at a relatively early stage of the pregnancy and doctors sought to give the woman and her baby the maximum amount of care and attention”.
Speaking as a mother and a woman, she said she thought there was a huge amount of common ground on this debate which is sometimes drowned out by the “ultra noises” of the extremes on both sides..
Expressing her sympathy to the family Ms Burton said “it is a terrible tragedy to visit any family”.
Sinn Féin’s Jonathan O’Brien asked there was any plan or prospects for the Constitutional convention reconvening to discuss, the 8th Amendment to the Constitution on abortion.
He said he was asking about the issue, particularly given the debate and the comments by the Minister for Health that the 8th Amendment was an issue to be dealt with, and “given the success of the Constitutional convention in being able to discuss a wide range of issues and to come up with a number of recommendations to the Government”.
The Tánaiste said she understood the Constitutional convention had come to the end of its work. “There are certainly no proposals to reconvene it this year and I’m not aware of any other proposals to reconvene it.”
She said it was clear the matters relating to the 8th Amendment required “very careful consideration and debate”.
Pregnant woman being kept on life support in hospital
Doctors and health officials are examining the case of the pregnant woman on life support which raises fresh legal issues over the right to life of the unborn.
The woman suffered a brain trauma a number of weeks ago.
It is understood the pregnancy is in the second trimester and that the foetus is well below the threshold for viability outside the womb. The HSE said it could not comment on individual cases.
The dilemma facing doctors and health officials is whether switching off the machine would breach the constitutional rights of the foetus.
The eighth amendment to the Constitution says the State acknowledges the right to life of the unborn and “with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.”
The woman’s family are understood to be considering their legal options.
