Tag Archives: government

Another XCase Date, 21 years on and still no legislation.

http://www.thejournal.ie/twenty-years-on-a-timeline-of-the-x-case-347359-Feb2012/

6 February 1992: X and her parents traveled to England and arrangements were made for an abortion to take place in London. On the same date, the Attorney General obtained an interim injunction stopping the teenager and her parents from leaving the country or arranging the termination of the pregnancy. Once they were informed of the injunction the family returned to Ireland.

The AG’s order was based on Article 40.3.3 of the Constitution, more specifically on the 1983 amendment that puts the right of the unborn child’s right to life on an equal footing of the mother’s right to life.

Whelen has since said that he had no choice but to seek the injunction as he had a duty to uphold the Constitution. He told an RTÉ documentary that his problem was “stark” after being contacted by the DPP.

This weeks has been filled so far with the abuses of women and children by the state and the church, be it children in industrial schools, children abused by priests, children put up for adoption who can not never find out their parent’s names, women put into laundries and used as slave labour or women driven abroad to have children and to have them adopted.

We have had 90 year of being our own country and honestly it seems to be little more then a litany of abusing and ignoring those who need compassion and care.

We still have people who are being mistreated in asylum holding places, old people’s homes, children’s care homes, and those in care due to disabilities.

In all my born days, despite the struggles watching the Dáil proceedings today, for the first time I find myself wanting to live in a different country.

The X Case: 21 years ago, 2 referendums, 1 supreme court ruling still no Law.

Last year the Journal.ie did a timeline of the events surrounding the X Case you can find it here: http://www.thejournal.ie/twenty-years-on-a-timeline-of-the-x-case-347359-Feb2012/

Today is the 4th of February 2013, here is what happened 21 years ago:

4 February 1992: The victim and her parents decide to travel to the UK to undergo an abortion. The family informed the Gardaí of their decision and asked whether the foetus could be tested after it was aborted to provide proof of the paternity of the accused in the rape case.

The Gardaí then asked the Director of Public Prosecutions whether such evidence would be admissible in court. The DPP liaised with the Attorney General Harry Whelehan.

The parents of the 14 year old child, were talking her to the UK for the good of her health and life and were trying to make sure the man who had raped her would not go unpunished.

That was 21 years ago and we have had 2 referendums and 1 Supreme court ruling and X Case has not been legislated for and there is still no law.

The current government have legislating for X in their program for government but again we are seeing more delay tactics.

Cabinet update on abortion law delayed | Irish Examiner.

Dr Reilly has said he hopes the measures will become law by July.

Vigil expertly stage-managed but perhaps overproduced – The Irish Times – Mon, Jan 21, 2013

Vigil expertly stage-managed but perhaps overproduced – The Irish Times – Mon, Jan 21, 2013.

Vigil expertly stage-managed but perhaps overproduced
In this section »

No point in saving economy if child’s right to life compromised, says Harte
‘We will keep the pressure on until we get this’
Archbishop asks child safeguard body to be ‘brutally honest’ in job

Miriam Lord

The event may have been a masterclass in how to stage a demonstration, but it lacked spontaneity

Wow! Now that’s the way to organise a vigil.

Saturday evening in Dublin delivered a masterclass in how to stage a demonstration.

The “Unite for Life” vigil was stunning in its planning and execution. It left all other such events – and there has been no shortage of rallies around Merrion Square down through the years – in the shade.

The farmers, the students, the teachers, the anti-war protesters, the squeezed taxpayers, the angry pensioners, the anti-austerity marchers . . . this production relegated them to the ha’penny place.

But some things never change. There are three certainties in life: death, taxes and the gross overestimation of crowd turnout by protest organisers.

Eoghan de Faoite of Youth Defence, who was MC for the proceedings, informed the cheering masses that the gardaí had just told them 25,000 people were in attendance. By the end of the rally, that figure – according to one speaker – had risen to 30,000.

The organisers of the recent vigil for Savita Halappanavar were similarly generous with their figures. Saturday’s crowd was roughly similar in size. In the ratings PR battle for turnout, the honours are even.

But 25,000? It was reported everywhere. Garda numbers, apparently. Were they at the same gig?

We walked the course. It was an impressive crowd – stretching the length of one side of Merrion Square. But it didn’t go around the corner and traffic moved freely along the road at the far end.

Rock-concert vibe

There was a rock-concert atmosphere about the place before the vigil began. Hundreds of stewards marshalled the good-humoured crowd as music blared from the speakers. More than 100 free buses had been laid on around the country to take people to the vigil.

This wasn’t back-of-the-lorry territory. A proper stage had been erected, with a sound mixing desk next to it. A huge articulated truck, emblazoned with the livery of Horse Racing Ireland, was parked to one side. It carried a huge screen called a Jumbotron. This is usually seen at race courses so punters can follow the action from a distance. A second, slightly smaller Jumbotron had been set up midway down the street.

The concert vibe continued with the corral at the head of the crowd – a sort of anti- abortion mosh pit. This was disproportionately populated by young people. Political parties do this all the time. They like to push their photogenic youth in front of the cameras whenever possible.

A “sterile zone” ran along one side of the square, giving clear access to people who needed to move quickly through the crowd.

There seemed to be a hierarchy among the legions of high-vis vests. The main stewarding and security duties were done by men and women with “Frontline Security” and “Frontline Steward” on their bibs, some wearing microphones and earpieces, others carrying walkie-talkies. Then there were volunteers with “Sign the Pro-Life Pledge” written on the back of their vests. Others wore fluorescent vests with smiley faces on the front. Youth Defence members wore bright yellow hoodies bearing the message “Because Life is a Right, Not a Privilege”.

A barrier was placed across the road at the other end, presumably to stop people wandering into the path of oncoming traffic. But it also gave the stewards a chance to police those joining the vigil. Home-made placards and banners were not allowed into the demonstration.

Forbidden placards

A small group of disgruntled men stood outside the barrier. Forbidden signs which they were carrying included some large “Abortion Kills” placards, along with one reading “Which of your grandchildren will be a Fine Gael baby?”, and another saying “men abandon, women abort, State abrogates – thou shalt not kill”.

We asked why, given it was a public protest, people were not allowed to join in with their own banners. “There are four or five signs that have been agreed, and it’s been agreed by the right-to-life committee and that’s it. There are no unauthorised signs allowed,” said the steward, who declined to give his name.

Inside the barrier, in two small marquees, volunteers handed out thousands of candles in paper holders and distributed placards and pledge packs. There were stacks upon stacks of high-quality glossy posters and people were urged to take one.

The pledge pack contained five leaflets and a prepaid envelope, addressed to the Life Institute. One leaflet began: “If Fine Gael legalise abortion and break the pro-life promise it made in election 2011, I pledge the party will never get my vote again.”

The posters had two main themes. The first was “Love them Both” and featured a mother cuddling a baby, and the second was aimed squarely at Fine Gael. It made for a very impressive display when the protesters held them in the air. “Raise your banners and point to the cherry picker,” Eoghan de Faoite urged them, pointing to the camera overhead.

Niamh Uí Bhriain of the Life Institute got a huge ovation when she spoke. “Hello Dublin and every other country that’s here today!” she began, adding to the showbizzy feel.

“We are the pro-life majority and we will not accept abortion – not now, not ever, not in our country and not in our name.”

When the crowd finally dispersed, the buses were lined up and waiting. An impressive evening’s work, brilliantly orchestrated and clearly lavishly resourced. But perhaps overproduced: all the money in the world can’t buy edge or spontaneity.

Up to 30 abortions a year to save the lives of mothers via @independent_ie

Up to 30 abortions a year to save the lives of mothers via @independent_ie.

UP to 30 abortions are carried out in Ireland each year.

The master of Dublin’s Rotunda hospital, Dr Sam Coulter-Smith, told the first day of hearings of the Oireachtas Health Committee on the contentious issue that between 20 and 30 abortions a year are carried out to save the mother’s life.

Abortions.

Up to 30 Abortions a year.

Up to 30 abortions a year to save the lives of women.

Up to 30 abortions a year to save the lives of women, are carried out here in Ireland.

Abortions, not procedures, not terminations, Abortions, carried out in Ireland, by Doctors.

Never again can anyone say that there are are no abortions preformed in Ireland, that Ireland is abortion free.
Anyone trying to assert that fact is engaging in double speaks and frankly lying.

Have we finally matured this much as a nation?
I bloody well hope so.

A Ticking Ticking Timebomb… the 8th amendment.

http://www.irishtimes.com/newspaper/breaking/2012/1228/breaking1.html

The wording of the 1983 “pro-life” amendment to the Constitution was hastily approved despite one attorney general labelling it a legal “time bomb” and another expressing doubts about its merits, newly released State papers show.

On November 2nd, 1982, two days before a vote of no confidence in the Dáil, which led to a general election the following month, the then Fianna Fáil government announced the wording of the anti-abortion amendment, which went on to be approved by the electorate.

This was despite the government being warned by attorney general Patrick Connolly SC that a “pro-life” amendment “might well have the effect of threatening the right of the mother” to have a life-saving operation.

Foreseeing some of the problems thrown up by the 1992 X case, Mr Connolly noted that, “whatever my personal views be”, a rape victim could not be exempted from any constitutional prohibition.

Nor, “in the current climate of what it is sought to achieve”, could the amendment exempt abortion where the mental health of a woman was at serious risk.

The Fianna Fáil government also had advice from the previous attorney general, Peter Sutherland, who argued that the amendment would create serious legal ambiguities.

So everywoman who may need an abortion is a ticking timebomb which may bring down the government.

Time to, Repeal the 8th.

Irish abortion providers…

I was reading this, this morning and those 3 words jumped out at me. I am pretty certain I have never seen those 3 words in that configuration before. Here is where they came from and the context.

http://m.guardian.co.uk/commentisfree/2012/dec/20/on-abortion-we-need-spirit-of-67

When, this week, you read a headline saying, Ireland to legalise abortion; or see a statement from the Catholic church saying “Irish abortion reform is a ‘licence to kill innocent babies'”, you should treat it with great scepticism. For a start, nobody has suggested changing the law, nobody’s legalising anything, and innocent babies have more to fear, as ever, from the Catholic church, than from any Irish abortion providers.

Nobody has suggested, even out of respect for the recently killed Savita Halappanavar, the slightest modification in the law, so that an abortion might be permitted in a case where the mother would probably die without it, and the foetus would probably die regardless. There are no new ideas, and no concessions to anybody – all that’s been mooted is the codification of a supreme court ruling, so that the abortion provision they do have is no longer just precedent, it’s actually enshrined in law.

The rest of the the piece written by https://twitter.com/zoesqwilliams explains the legal and historical back drop to the legal situation on abortion. If you like the writers of Jezebel need to brush up on the facts, please do take the time to read the rest of it.

So this morning with my coffee I find myself wondering what Irish abortion providers would look like, ok so say with a wave of a magic wand we have legislation, even the most conservative legislation along the lines with which the majority of people agree. That is abortion to protect the life and health of women including cases of rape/incest and terminations for fatal fetal complication. What happens next?

Well medical policies and procedures would have to be introduced along with guidelines and best practices and insurance policies amended as well, which is a massive amount of paper work.

Currently even with all the Drs we train in this country none of them are trained to carry the procedures needed.
This point gets made time and time again by Drs for choice and Medical Students for Choice. So even when such legislation is passed there will be a long waiting time before a woman would get the timely treatment she needed and most likely will end up with the HSE paying for her to travel and have the procedure in the UK. Like they had to do in the case of Miss D.

So would we see private clinics being set up as Irish abortion providers?

This may cause a whole new get of issues. Part of the Ruling by the EU court of Human Rights in the ABC cases was that MS C right to privacy was breached and with Ireland being such a small place I would worry that such places would be heavily picketed as the anti choice lobbists have been known to picket family planning clinics here and take pictures of people going into them. It will still be that those who can afford to go privately will have more choice and privacy and may still choose to leave the country.

Irish abortion providers, I would prefer if they were just part of the general OB/GYM services in this country, but even these services suffer from the policies and practices which have them as an add on service and not part of holistic health care for women.

Even when we have less restriction on abortion in this country there will be still so much work to be done on ensuring women and transmen have the health care they need.

‘Pro-life’ change had little impact

'Pro-life' change had little impact.

“‘Pro-life’ change had little impact
In this section »

PAUL CULLEN Health Correspondent

UK route: At least 143,000 women have travelled from Ireland to have abortions in the UK since the Constitution was amended in 1983 to recognise the right to life of the unborn.

The British authorities maintain a comprehensive set of figures on abortion, which includes a classification by country of residence. In a typical year, women who give their address as the Republic of Ireland account for two-thirds of non-resident women having an abortion.

The figures show that the 1983 “pro-life” amendment had no visible impact on the rising trend of Irish women travelling to Britain for an abortion.

Their numbers had begun increasing significantly in the 1970s and this trend continued through almost three succeeding decades.

The figure for Irish abortions in England and Wales peaked in 2001 at 6,625 before beginning a slow but steady decline right up to 2011, when 4,149 abortions were carried out on Irish-resident women.

The Irish Times has compiled the figures from data provided by the British department of health and office of statistics, and from archived articles of this newspaper.

Figures could not be obtained for four years in the 1980s and 1990s, but an average was used to calculate the overall estimate.

The British figures are subject to a number of caveats. They do not include Irish women who travelled for an abortion but gave a UK address. They could include women of other nationalities who gave an Irish address. They do not include abortions carried out on Irish women in Scotland, which does not compile statistics for non-residents.

In addition, more Irish women have begun travelling to other European countries for an abortion, though their number is likely to be small compared to the UK figures.

Of the abortions carried out on Irish-resident women last year, 37 involved girls aged under 16, and 111 related to 16-17-year-olds. Some 1,404 related to women in their 20s and 1,801 to women in their 30s. Some 257 were performed on women in their 40s.

Studies show that Irish women who travel to the UK tend to have abortions later in their pregnancies than British women availing of local services.

In 1970, just 261 Irish women were reported to have travelled to Britain for an abortion, but the following year this more than doubled to 577. By 1973, the number had reached 1,200 and, by the end of the decade, 3,000.

We’ve been exporting abortion for far too long.

Reaction from pro-choice and anti-abortion groups

Reaction from pro-choice and anti-abortion groups.

The religious advocacy group the Iona Institute said the Government’s statement on its intention to introduce legislation for abortion next year was “not entirely clear” in relation to the issue of suicide, but that it would be “wrong and unnecessary” to allow for it in cases where there is deemed to be suicidal intent.

A combination of legislation and regulations will be introduced to comply with the European Court of Human Rights ruling in the A, B and C case, a statement from the Department of Health said today. The Government is expected to allow the fear of suicide as a ground for abortion but may not provide for rape or sexual abuse, neither of which formed part of the X case ruling.

Iona Institute spokeswoman Maria Steen said including the threat of suicide as grounds for abortion in the legislation “would not save a single life”.

“Irish law already allows the ending of a pregnancy when there is no other choice and there is a clear threat to the life of the mother,” she said.

“A decision to include a threat of suicide as a ground for abortion would also be wrong in principle because it would authorise for the first time ever the deliberate and direct destruction of unborn human life in Ireland.”

Pro-choice groups welcomed today’s announcement, but said the government must commit to a timeframe for the introduction of legislation.

In a joint statement, Irish Choice Network, Choice Ireland, Action on X, Galway Pro-Choice, Cork Women’s Right to Choose and Doctors for Choice said the proposed legislation “should only be considered a first step towards liberalising abortion laws in Ireland”.

Action on X spokeswoman Sinéad Kennedy called on the Government to deal with the issue immediately after the Dáil returns from the Christmas break.

She said it was vital that there be no curtailment of a woman’s right to access abortion on the ground that she is suicidal in the new legislation.

“We are aware that there are moves from some TDs to have this rolled back, however this is a constitutional right confirmed by the Supreme Court decision in the X Case and the European Court of Human Rights judgment in the ABC case,” she said.

The pro-choice groups have also called for a referendum to repeal the 8th Amendment to the Constitution, which gives the unborn an equal right to life as the mother.

Choice Ireland spokeswoman Stephanie Lord said it was “inhumane” that the amendment has not been repealed before now.

“There are 4,500 women that travel overseas for abortion services every year, and many more that order pills online to induce abortions at home,” she said.

“Women have a right to make the best choice for them under their circumstances, and their right to health care must also be upheld. It is now time to introduce free, safe, and legal abortion on demand in Ireland.”

The Irish Council for Civil Liberties (ICCL) said the decision to put a legislative and regulatory regime in place would provide clear and effective procedures which would enable women to access lawful abortion in Ireland.

ICCL director Mark Kelly said the decision sends a clear message that the Government is committed to honouring its legal obligations to implement the judgment of the European Court of Human Rights in the case of A, B and C.

“There is no good reason why the Government should limit itself to the minimum action required to implement this one judgment,” he said.

“It should seize the opportunity to thoroughly overhaul Ireland’s antediluvian laws on abortion, including by rendering lawful the termination of pregnancies involving fatal foetal abnormalities.”

Labour Senator Ivana Bacik said the “tragic death” of Savita Halappanavar emphasised the need for legislation on abortion.

“We must act swiftly to ensure that pregnant women have access to necessary life-saving medical treatment,” she said. “We have waited 20 years for this law – it is long overdue.”

Labour Women chairwoman Sinead Ahern said Labour had gone through with its promise to be the first government to act on the abortion issue and legislate for the X case.

“Six governments in this State have failed to act on the Supreme Court judgement in 1992. Labour in government has ensured that this will not be the seventh,” she said.

Government unveils plans to address abortion ruling

Government unveils plans to address abortion ruling.

The Government announced today that a combination of legislation and regulations will be introduced to comply with the European Court of Human Rights ruling in the A, B and C case.

Minister for Health James Reilly presented a memorandum to this morning’s Cabinet meeting. The decision was taken to follow this route – the fourth option from the expert group on abortion – rather than proposing guidelines, an option favoured by anti-abortion campaign groups.

A statement released by the Department of Health said: “Having considered the report of the of the Expert Group on the judgment in A, B and C v Ireland the Government has decided that the implementation of this judgement by way of legislation with regulations offers the most appropriate method for dealing with the issue.”

In a statement, the Government said the drafting of legislation, supported by regulations, will be within the parameters of Article 40.3.3 of the Constitution as interpreted by the Supreme Court in the X case. “It was also agreed to make appropriate amendments to the criminal law in this area,” it said.

The Heads of a Bill will be published in the new year following deliberations by the Oireachtas Committee on Health and Children in early January, before the Dáil resumes.This will be followed by a debate in the Oireachtas before the Bill and regulations are finalised.

“The Government has also noted and agreed to the request from the Health Minister Dr James Reilly for further decisions at a later stage related to policy matters that will inform the drafting of the legislation,” the statement said.

Dr Reilly said he was very conscious of the sensitivities around the issue of abortion.

“I know that most people have personal views on this matter. However, the Government is committed to ensuring that the safety of pregnant women in Ireland is maintained and strengthened. We must fulfill our duty of care towards them,” he said.

“For that purpose, we will clarify in legislation and regulation what is available by way of treatment to a woman when a pregnancy gives rise to a threat to a woman’s life. We will also clarify what is legal for the professionals who must provide that care while at all times taking full account of the equal right to life of the unborn child.”

Dr Reilly said the Government would not “preempt the debate that must follow by speculating on details to be decided later in the process”.

The Government is expected to allow the fear of suicide as a ground for abortion but may not provide for rape or sexual abuse, neither of which formed part of the X case ruling. On foot of the decision, the Government is also expected to repeal provisions in the Offences against the State Act 1861, which criminalises abortion.