Cabinet has approved referring the recommendations on how to change Ireland’s abortion services based on a review of five years of the service.

Minister for Health Stephen Donnelly received his ministerial colleagues’ approval to refer the legislative proposals from termination of pregnancy report to the Oireachtas Health Committee and the operational proposals to the HSE’s implementation group.

Speaking to reporters on Tuesday afternoon, Tánaiste and Fianna Fáil leader Micheál Martin said that the government had referred the report to the Oireachtas committee, which would discuss the legislative proposals.

Calling it an “important report” on his way into Cabinet, Mr Donnelly said “it’s certainly going to help me and the Department and the HSE improve services for women right across the country”.

The review, led by barrister Marie O’Shea, assessed the extent to which the new laws’ objectives have or have not been achieved and to make recommendations to address any barriers it found.

Speaking last week, Taoiseach Leo Varadkar indicated that he would be reluctant to make any major changes to the laws.

He said: “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, it included things like the protection of conscientious objections.

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

Comments inappropriate 

Criticising the Taoiseach’s comments, Social Democrats leader Holly Cairns told The Echo: “It was a most inappropriate intervention by Mr Varadkar to publicly state that he is uncomfortable with making any major changes to abortion legislation. 

"This is despite the fact that the review group’s report has yet to be brought to Cabinet.” 

Ireland’s abortion laws, liberalised following a 66% vote in favour in the 2018 referendum, have been the subject of a review as part of legislation introduced in the wake of that vote. Under the liberalised laws, abortions can be performed up to 12 weeks of pregnancy, mostly through taking medication.

Women face a mandatory three-day waiting period before they can access an abortion through women’s healthcare clinics or through GPs.

A termination can also be carried out where there is a risk to the life, or of serious harm, of the pregnant woman, or where there is a condition present which is likely to lead to the death of the foetus either before or within 28 days of birth.

Since the new laws have been introduced, only 11 of Ireland’s 19 maternity hospitals and units are providing full abortion services as legislated for under the Health (Regulation of Termination of Pregnancy) Act 2018.

Some hospitals have said the delay in rolling out all abortion services legislated for is because of conscientious objections by healthcare staff, which is provided for under the legislation.

“The health and wellbeing of women must be front and centre of any recommendations to make legislative or operational changes to abortion services in Ireland," Ms Cairns said. "While the removal of the Eighth Amendment in 2018 was welcome, there have been flaws in how the State’s new abortion laws have worked in practice. 

“Other restrictive aspects of the law include the paternalistic three-day waiting period. 

"It is also unacceptable that some women with a diagnosis of fatal foetal abnormality, who wish to terminate their pregnancy, are still compelled to travel abroad. This simply compounds their suffering and trauma.” 

Cork campaigner

Sam Boland, a member of Rebels4Choice, who campaigned across Cork during the Repeal Referendum has said that the review recommendations are “very welcome, but they're also very late and they don't go far enough.” 

“The three-day waiting period is patronising, unnecessary, and it causes all kinds of extra hardship, extra costs, and therefore extra barriers to abortion. What good is having a right, you can't exercise that right?

"By making the three-day waiting period discretionary, rather than getting rid of it altogether, is another one of these pledges that Conservative governments are prone to when they get spooked. But you know, it's better than nothing.”

On Tuesday, Mr Donnelly said "there’s a lot of different recommendations and a lot of recommendations there that will make the services better".

“Regardless of the report, a big focus for me in terms of the services is increasing the number of hospitals providing the services.

“We’re at 11 of 19, by the end of this year I want to be up to 17 of 19 and then early next year to all 19.

“We’ve over 400 GPs providing services, I want to make sure that that increases, that we put in the supports that the GPs need as well to make sure there’s access right across the country, particularly focusing on any geographies where there might be less provision.” 

The report will be published in full on Wednesday by the Department of Health.