Donnelly says three-day wait ‘understood’ by abortion referendum voters

Minister for Health Stephen Donnelly has said those who voted in the referendum campaign to reform Ireland’s abortion legislation understood it would include a three-day wait for services.

An independent review into Ireland’s abortion legislation has recommended the removal of the current mandatory three-day waiting period between the certification of a termination of pregnancy and the procedure taking place.

It said this should be replaced with a statutory right of a woman to a reflection period which she may exercise at her own discretion.

Expanded access to abortion was enacted in Ireland following a referendum which repealed the eighth amendment of the Irish constitution in May 2018.

“I have a very clear priority to make sure that these healthcare services are as accessible and as safe and as good for women in Ireland as possible, whilst critically being very cognisant that when we voted to repeal – something I campaigned strongly for – there were criteria that people understood, including this three days,” Mr Donnelly said.

The minister said the recommendation and other legislative proposals would be referred to the Oireachtas health committee.

However, he said there has already been an operational adjustment to the three-day wait period such that the first consultation should be done by phone.

Asked if the period of reflection should be left in place, Mr Donnelly said while he had his own personal view he did not want to “unduly influence” the committee.

Speaking on RTE’s News At One he said the independent review into Ireland’s abortion legislation is a “good report” as he thanked its author barrister Marie O’Shea.

He said it contained “sensible” operational recommendations to make abortion services more accessible and safer for women and easier for healthcare professionals.

The Pro Life Campaign described the report as a “travesty and betrayal of women and unborn babies”.

Spokeswoman Eilis Mulroy said the group remains “very concerned” that Government will give effect to the recommendations.

She said it was “unconscionable” that healthcare workers would be “coerced to perform abortions”.

On the recommendation for it to be mandatory for people being hired in areas of particular shortage of services to be obliged to provide terminations, Mr Donnelly said any medical practitioner is currently fully within their rights to conscientiously object.

He said the mandatory requirement could not be implemented without legislative amendment.

Mr Donnelly said only 11 of the country’s maternity units are currently providing services and characterised this as “not acceptable”.

He said it was aimed they would all be providing services by early next year.

Speaking in the Dail, Taoiseach Leo Varadkar said he anticipates a free vote on the legislative proposals of the independent review into Ireland’s abortion law.

“Certainly for my party and I think it’d be the same for Fianna Fail and perhaps Sinn Fein and other parties as well, this will be a free vote and a vote of conscience for people.”

Aontu leader Peadar Toibin said people were persuaded to vote in the referendum on the basis that there would be “some safeguards for children”.

“Five years later, it looks like Government are going to wash away remaining safeguards,” he said.

Mr Toibin said there had been an “enormous jump” in the number of abortions, which he described as “catastrophic”.

He said the mandatory three-day wait and the ability of doctors to conscientiously object are both under threat.

The Taoiseach said Mr Toibin was “jumping the gun” as the proposed legislative aspects of the review will be referred to the Oireachtas committee on health.

He said the operational aspects have been referred to the HSE for implementation.

“We’ve made no decision whatsoever on any of those legislative proposals,” he said.

The Irish Family Planning Association welcomed the publication of the report.

IFPA chief executive Niall Behan said it draws on expertise and evidence not available in 2018.

“Ms O’Shea’s comprehensive, evidence-based analysis creates a clear political imperative to strengthen abortion services and secure abortion care into the future.

“The Government and the Oireachtas must act promptly to ensure the harms, delays and barriers that currently impede access to abortion care are addressed, through both legislative and operational reforms.

“Political foot-dragging cannot be allowed to stand in the way of legislative reforms that can address these harms and deliver much needed improvements in access and in the quality of abortion care.”

Labour health spokesperson Duncan Smith said Government must trust the experts and implement the proposed changes in the review.

“There’s no time for further delay, Minister Donnelly must prioritise legislating for the much-needed changes like the removal of the three-day wait period and a more compassionate and workable approach to fatal foetal abnormalities.

“Compassion in a crisis is what people campaigned on and voted for in 2018. Fine Gael, Fianna Fail and the Greens cannot row back on their promises to the women of Ireland.”