Abortion review: key recommendations may be opposed by some Cabinet members

The key recommendations of a review of Ireland’s abortion laws are likely to face resistance among some members of the Cabinet when it discusses the report next Tuesday.

Taoiseach Leo Varadkar and Tánaiste Micheál Martin have both expressed caution about implementing some of the legislative changes recommended in the report by barrister Marie O’Shea.

A change to the required “pause period” of 72 hours before a termination procedure goes ahead is believed to be the main issue of contention. The report recommends this no longer be mandatory but be voluntary.

Mr Varadkar said he would “be reluctant and uncomfortable” to make changes to the legislation enacted after the 2018 referendum given he had assured people in the campaign there would be safeguards in place regarding the provision of abortion in Ireland.

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“When I went out and others went out to look for a ‘Yes’ vote we said that there would be safeguards and that included things like the waiting period, things like the protection of conscientious objections,” said Mr Varadkar, speaking at an event in Cork.

“I have to say I for one would be reluctant and uncomfortable to make any big legislative changes so soon after that referendum.”

Other key recommendations are the decriminalisation of doctors who fail to adhere to current legislation, and changes to the granting of abortions in the case of fatal foetal abnormalities.

Mr Martin similarly said the Government would not sign off on any legislative change to what the people voted for in 2018 without “careful consideration”.

Particular focus will now fall on Ministers in the Cabinet who voted “No” in the referendum, or who shifted their position in the run-up to the referendum. Minister for Enterprise Simon Coveney was one of the leading political figures who changed his mind in advance of the referendum. He said at the time his ‘Yes’ vote was predicated on strong safeguards and protocols to guarantee a balance between the right to access abortion and the right to life.

Writing a month before the referendum, Mr Coveney stated: “I believe a pause period is appropriate [of] between 48-72 hours, to ensure a fully considered decision [by the woman].”

Mr Coveney’s spokesman has been contacted for comment. Other Cabinet members such as Minister for Finance Michael McGrath and Minister for Housing Darragh O’Brien both voted against repealing the Eighth Amendment and have yet to comment on the review.

Labour leader Ivana Bacik welcomed the review which she said was much needed after five years. She urged the Government to prioritise legislating for the removal of the three-day wait period.

She also said there was a need for “a more realistic and workable approach to fatal foetal abnormalities”.

The National Women’s Council of Ireland welcomed the change. “Mandatory waiting periods are patronising and demeaning to women as competent decision makers,” said its women’s health co-ordinator Alana Ryan.

Aontú leader Peadar Tóibín said if legislation was changed the Government would have “reneged on promises made to the people to get the abortion referendum passed”.

The Pro Life Campaign described the proposed changes as “deeply extreme in nature”.