Her Right To Choose

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Deputy Catherine Murphy asked the Tánaiste Joan Burton a number of topical questions on the final sitting of the Dáil before the summer recess (July 17) in light of the UN HRC hearings in Geneva.

The Labour Party leader firmly ruled out any hope of new legislation for victims of rape and incest and those seeking terminations for medical reasons (TFMR).

Deputy Catherine Murphy:
“This week’s damning review of our human rights practices by the United Nations Human Rights Committee makes for grim reading but it is hardly surprising. Our failure in regard to the Magdalen laundries survivors, the symphysiotomy survivors, those who spent time in mother and baby homes and those who were victims of clerical child abuse is shameful. However, we stand to repeat the mistakes of the past if we do not act to address the grossly discriminatory laws that govern abortion. The UN committee confirmed that we are in breach of the International Covenant on Civil and Political Rights by denying women the option to avail of abortion in certain circumstances, namely, rape, incest, fatal foetal abnormalities and where a woman’s health is in danger. I would argue that we are not only in breach of the covenant but also in breach of basic humanity in denying an abortion to a woman who has been raped, is a victim of incest or has to endure carrying to full term a pregnancy when there is no prospect of delivering a live baby. I found it profoundly chilling to listen to the remarks of the principal officer of the Department of Health who told the committee that denying these women the right to abortion was the will of the people. I question what people are meant. The eighth amendment to the Constitution was inserted more than 30 years ago and attitudes have changed significantly since then, as recent polls have shown.

The Labour Party is a socially progressive party. The Tánaiste is the leader of that party as well as the deputy leader of this country, and she is also one of the few women in a decision-making role in this Government. Is she going to use her powerful position to bring about change in this area and, if so, how is she going to do that?”

Tánaiste: “In regard to the issues arising around fatal foetal abnormalities, the Deputy will be aware that some time ago the Government legislated successfully in regard to the X case. That is reflected in our legislation and is an issue that both parties in Government have addressed. In regard to fatal foetal abnormalities, I am on record as stating that I would like to see a situation where it is possible to address them. As of yet we do not have agreement on that in the programme for Government. It is a personal position and I have been on public record in this regard over a long period.

Deputy Catherine Murphy: “I know we have legacy issues and it is very uncomfortable to consider past failures in hindsight. We are asking how we allowed such things to happen and who was in power at the time, but will the pattern be repeated by people in power now, and will we have the same conversations in 30 years?”

Deputy John Halligan: “Exactly.”

Deputy Catherine Murphy: “The same committee might then be reviewing how the country dealt with issues like fatal foetal abnormalities, for example, or people who have been raped or subject to incest and who have been denied their human rights. The Tánaiste indicated her personal views are on the record but I ask her as Tánaiste – deputy leader of the country – and the leader of the Labour Party for her position on the issue.

I went to Liverpool Women’s Hospital with people who were part of a study group on fatal foetal abnormalities. People were put through a tortuous process where, for example, they would have had to retrieve the remains of a baby they wanted by way of something like DHL delivery, which is absolutely appalling. It is inhumane and we cannot rely on a 31 year old referendum decision, presuming that people have not moved on when so many events have taken place in this country. We need a referendum, as the Tánaiste knows, if we are to change that position. Does the Tánaiste accept we need a referendum and will she commit to working towards such a referendum?”

Tánaiste: “There has been an extensive process with the Constitutional Convention, which considered various issues and reported findings. As I pointed out, the Government and the Dáil has dealt with issues arising from the X case. Those had been unresolved over a very long period of years. We want a position in Ireland where every baby is a wanted baby. The Deputy spoke about cases and the people she accompanied in Liverpool, and those are tragic circumstances as the babies are wanted but their life outcomes were in doubt because of medical issues.

It was referenced in Geneva that on a previous occasion, the Irish people gave a view – as was their entitlement – on what they wanted reflected in the Constitution. I did not share the view at the time and my party and others like me recommended voting against the amendment to the Constitution. As a democrat, the Deputy must recognise that the people voted for the eighth amendment to the Constitution. The Government has legislated for and dealt with issues surrounding the X case, which has been a difficult issue in this country over a very long period. That is what was agreed in the programme for Government.

Deputy John Halligan: “So the Tánaiste will not agree to a new referendum.”

Leaders’ Questions July 17 2014

Previously: Violation Once Again

Without Consent

What The Man From The UN Said

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20 thoughts on “Her Right To Choose

    1. Zynks

      Any party in this country that joins a centre-left or centre-right party as a minority player in a coalition will always be perceived as cowards, and will always go into political meltdown as a result of the necessary compromise required to enter government.

      Therefore, your comment is redundant.

      1. Anna

        compromise is one thing, capitulating to FG on all occasions is another. The Labour Party is a bunch of self-serving ar@eholes.

          1. Anna

            i just don’t like liars. Labour said they wouldn’t cut education spending, then they come in and cut education spending.

        1. Zynks

          I am also critical of Labour, don’t get me wrong, but I disagree, they have not ‘capitulated to FG on all occasions’, that is incorrect.

          1. ahjayzis

            It does seem that they tend to capitulate on all the big issues that used to be their unique selling point though.

            I mean they might get a few pound to give to their public sector voters in the budget, but when they’re done in government, devastated parents will still be receiving their babies remains via airmail. If Labour won’t lift a finger for things like this, what are they for?

            I mean she’s ‘respecting’ an out of date decision made by an electorate half or more of whom are now dead – it needs updating, preceding generations don’t get to bind us forever to their dogma. We don’t need two and a half socially-conservative-to-the-point-of-cruelty parties of the status quo and whether by design or cowardice that’s what Labour are right now.

  1. Llareggub

    “The UN committee confirmed that we are in breach of the International Covenant on Civil and Political Rights by denying women the option to avail of abortion in certain circumstances, namely, rape, incest, fatal foetal abnormalities and where a woman’s health is in danger.”

    Seriously, isn’t this all we need to know? There really is no argument here.

    1. Small Wonder

      Like I said, an axe to grind. Please try to remember that we have a coalition government.

      1. Anna

        i understand it’s a coalition gov., but Labour have not stood up for ONE major issue. Not one.

          1. Anna

            yes, cos you have to be at a cabinet meeting to understand Labour’s failure to get anything. If Labour had got one thing, they’d be crowing it from the rooftop.

  2. ahjayzis

    True leadership from Burton there.

    Do you think after she’s retired and all the competing stresses of the job are behind her she’ll look back and think “Christ, what a wasted opportunity. We got bogged down in minutiae and mini-crises and did bugger all with a once in a lifetime chance to make Ireland a better, modern country”?

    I mean why do party politicians fight so hard to get into government and then just weld themselves to the status quo? Administratorship in place of leadership.

    1. Zynks

      Our system is designed to water down any attempt of standing out of the crowd and promoting change. This is also reflected on society via the “lobster syndrome” and our apathy to everything that has happened since 2008.

  3. ahjayzis

    Well she may not be pro-choice to the extent that some of her colleagues are, I’m conscious that she’s adopted, but that’s actually irrelevant.

    We’re talking about the state violating this rape victim over and over again, from delaying her for weeks on end, force feeding her by tube and finally cutting her open to rescue its real patient. This kind of thing, and cases of fatal fetal abnormality don’t require a pro-choice ideology, all that’s needed from our government is basic human decency and I’m seeing none of it.

    Jan O’Sullivan saying it needs to be tackled… by the NEXT government is the weakest, most yellow thing I’ve heard from a politician when you bear in mind she’s willing to allow couples go through absolute torment because she doesn’t want to rock the boat.

  4. John Joe

    “Ehh, In relation, to ehh, your, ehh, comments, ehh….”

    Learn to speak for christ’s sake! What is Irish people’s problem with these incessant speech impediments.

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