Sir, – When the commitment was made to implement the X case judgment, it was always clear that the resultant legislation, while vital, would be highly restrictive. This was because the clear meaning and intent of article 40.3.3 was to prohibit abortion in Ireland except where there was a risk to the life of the mother.
While the consequences of prohibiting abortion in all other cases (including where there was a fatal foetal abnormality) were raised in the course of the 1983 referendum, and in subsequent referendums, the people nevertheless enacted article 40.3.3 and did not subsequently change its substantive provisions. That article governs our law today, and will do so unless or until it is removed.
Deirdre Conroy takes me to task for raising with Clare Daly TD the fact that neither of her two Bills seeking to implement the X case contained any provision covering fatal foetal abnormalities (“Dáil disrespectful on issue of fatal foetal abnormality”, Opinion & Analysis, July 12th). As the Dáil record shows, I was not accusing Deputy Daly or reproaching her in any way.
In fact, I have in the past commended her for proposing X case legislation. But when she and others demanded in the Dáil that the Government include a provision covering fatal foetal abnormalities, we responded by stating that this was not possible. Not because of an absence of “political courage”, but because of the plain terms of article 40.3.3 and the judgment in X.
It is not open to the Oireachtas to step outside of the Constitution. In my exchange with Clare Daly I was pointing out that neither of her Bills sought to address fatal foetal abnormalities – for the same reason, I suggest, that the issue could not be addressed in ours.
The Government has a clear duty to justify and explain any legislation it brings forward, and this is not “manipulative political rhetoric”. On the contrary, any TD who seeks to convey the impression that the Dáil can ignore the Constitution, when they know full well that we can’t, is not being straight with the people.
The preponderance of legal opinion, including the advice of the Attorney General, is that fatal foetal abnormalities cannot be included in this legislation. I accept that the very stating of this fact can be the cause of hurt and frustration. But I also believe that women faced with such circumstances should not have to leave their own country to have a termination.
To achieve this we will have to change our Constitution. – Yours, etc,
ALEX WHITE, TD,
Minister of State
for Primary Care,
Dáil Éireann,
Leinster House, Dublin 2.
Sir, – I am happy that pregnant women whose lives are in danger are marginally safer than before the recent Dáil decision. In the long term this is unlikely to be the last word on the issue; in the short term thousands of women will continue to undergo considerable stress and expense in order to travel abroad for terminations.
Some much-wanted pregnancies become crisis pregnancies for various reasons, such as the much discussed fatal foetal abnormalities. Other pregnancies, however, are always going to be crisis pregnancies and there should be scope to prevent some of them occurring.
Irresponsibility, ignorance and carelessness are traits that are not confined to one sex but combined social pressures and personal consequences are so much greater for women that I feel a publicity and education campaign aimed largely at men could have some success in reducing unwanted pregnancies.
Obviously we need good-quality sex education. On the publicity side, we could emphasise the importance of true consent, not based on ignorance, drunkenness, exploitation or lies. Couples need to discuss avoiding pregnancy. Informed consent implies consultation.
It is no longer acceptable to boast of drinking and driving or to smoke indoors in public. We need to change the mindset that permits boasts about sexual conquests to be applauded by some and tolerated by many.
The Irish Times has printed far more letters on abortion from men than from women. I doubt whether these letter writers, whichever "side" they favour, approve of irresponsible sexual behaviour. I hope they will support calls for more responsible behaviour by other members of their sex. – Yours, etc,
IRENE ALLEN,
Florence Road,
Bray,
Co Wicklow.
Sir, – It’s essential that we acknowledge the deep sincerity of people on both sides of this very difficult issue and the adoption of contrary but principled positions has been inevitable.
However, I believe that the most important principled position was that articulated by Enda Kenny when he told the Dáil that he is a Taoiseach who is a Catholic but is not a Catholic Taoiseach.
This is a republic and a democracy and we must expect our elected politicians to make difficult decisions on our behalf. – Yours, etc,
PETER MOLLOY,
Haddington Park,
Glenageary,
Co Dublin.
Sir, – Why were rape, incest and foetal abnormalities all left out of the new abortion legislation? This was our political establishment’s chance to show women of Ireland that they understood complications arising from pregnancy and how it can be life threatening, in so many different ways. But of course, our current Government did the bare minimum to combat the outrage facing them after the death of Savita Halapanavar.
It’s plain to see that they were eager to take the issue off the agenda as quickly as possible, whilst at the same time placating pro-choice groups, so that the political bogeyman named “abortion on demand” would disappear again for another two decades.
I for one am fed up of attitudes towards women’s issues in our parliament. One just has to take a glimpse at news recently, from the Magdalene women and symphsiotomy suffers, to see that acknowledgment of women’s rights looks much more like a waiting list than a reality in modern Ireland. – Yours, etc,
CLAIRE GIBBONS,
Westport,
Co Mayo.