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EVERYONE HAS A right to be treated with dignity and respect when accessing medical care.
Unfortunately, we are aware of demonstrations that have taken place outside hospitals and GP practices providing termination services.
These demonstrations have taken various forms. They have included the placing of small white coffins outside the National Maternity Hospital and the display of disturbing images elsewhere. Some demonstrations have taken place outside hospitals, while others have been held outside GP clinics.
These demonstrations can cause anxiety and distress to those accessing and providing services. They seek to intimidate and deter women from accessing these services – and our healthcare workers from providing them.
Harassment
A recent study seeking to elicit the experiences of those who accessed, or attempted to access an abortion in Ireland reported that one in seven participants said they encountered anti-abortion activity while attempting to access abortion care.
We in Government have a duty to protect people from unwanted harassment, intimidation and distress when accessing abortion services. And we have a similar duty to those providing such services.
Our Programme for Government commits to “establish exclusion zones around medical facilities.” Earlier today, the Government approved my proposal and Heads of Bill outlining how we plan to legislate for the designation of safe access ones.
These are zones around healthcare premises that will safeguard access to termination of pregnancy services. A number of other jurisdictions have introduced similar legislation.
Although the provisions can vary, the legislation prohibits a range of behaviour such as intimidating, harassing, or obstructing a person from obtaining a termination in a safe access zone – or a healthcare worker from providing these services.
The draft General Scheme has been formulated after extensive policy formulation and with the detailed input of eminent Senior and Junior Counsel, as recommended by the Attorney General.
The legislation
The new legislation we are proposing will designate specified healthcare premises and 100 metres surrounding them as safe access zones.
This means it would be illegal to harass, insult, or seek to influence those attending these healthcare services, or the staff working in them.
Importantly, the prohibition would not be on the right to protest but on the exercise of that right within limited areas, and where that protest intends to, or could reasonably, have the effect of influencing a woman’s decision to access service or interfere with her access.
In recognition of the need to balance a range of rights and proportionality, the legislation will also include some exceptions, including otherwise lawful activity within 100 metres of the Houses of the Oireachtas.
In implementing the outcome of the 2018 referendum and the enactment of the Health (Regulation of Termination of Pregnancy) Act 2018, termination of pregnancy services were mainstreamed into our health service. This differs from some other jurisdictions where dedicated clinics or facilities provide such services exclusively.
Consistent with this approach, the Safe Access Zone legislation will not highlight the specific service sites where termination of pregnancy services are actively provided. We propose to designate safe access zones around sites that can provide termination of pregnancy services in accordance with the Act of 2018, not just those that do.
There will be safeguards to ensure that only those who make an intentional decision to engage in prohibited conduct within a safe zone are criminalised. The legislation would provide that the Garda Síochána give people an opportunity to comply with the legislation by first issuing the person with a “warning”. This would provide the person concerned with the opportunity to regulate their behaviour and avoid committing an offence. A range of penalties will be available to the courts where a person is convicted of an offence under the proposed legislation.
Gap in the law
While we have legislation relating to public order in Ireland which prohibits certain behaviours, such as breaches of the peace, or wilful obstruction, it does not deal with the full range of behaviours we have seen outside healthcare facilities. This Safe Access Zone legislation aims to fill this gap.
Our proposed legislation has a number of policy objectives.
We want to:
I am committed to introducing this legislation as soon as possible and would like to acknowledge the work of Together for Safety in informing the development of our legislative proposals.
My Department will now engage directly with the Office of the Director of Public Prosecutions, the Irish Human Rights and Equality Commission and the Irish Council for Civil Liberties, seeking any observations they may have on the General Scheme, which can be considered in the drafting of a final Bill.
A woman who has made the very personal decision to seek an abortion is entitled to keep that decision private and to access healthcare services with dignity. She should not have to deal with attempts to influence, dissuade or deter her from accessing these lawful healthcare services outside her doctor’s clinic, or a hospital. Healthcare staff providing these services should not be subjected to similar tactics directly outside their place of work.
With this legislation, we will send a very clear message that practices that aim to deter, stigmatise, or shame those seeking to access termination of pregnancy care will not be tolerated outside healthcare facilities in this country.
Stephen Donnelly TD is the Minister for Health. He was appointed to this role in June 2020. He has been a TD for the Wicklow constituency since the 2011 general election.
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A step too far I’m afraid. Hope this is challenged constitutionally.
@Maurice O Neill: Yawn !
@Maurice O Neill: nothing stopping you from challenging it. Why don’t you if you feel so strongly?
@Maurice O Neill: do you protest outside cancer hospitals? Cause both cause the death of a few cells.
@Maurice O Neill: salty
@Maurice O Neill: It is to the credit, of any lunatic (my own interpretation, they may not in fact be ‘mad’) that people in front of clinics, frothing at the mouth over the fundamental questions of existence that they have come this far. They can be proud that the dedication shown has garnered such attention, leading to actual ‘end of level boss’ like legislation, what will be next?… we wait to see.
@Adam O’Sullivan: comparing a pregnant woman to a woman with cancer. Odd. Plus aren’t we all a few cells. It’s science.
@Karl: Yawn, indeed. He can never STFU about this subject, that lad. I’d love to have seen the face of despair on him on the morning after the referendum.
@Padraig Corcoran: I said nothing about women with cancer! Is it fair to protest people getting legal medical care? Should it be legal for Mr to harass you going to your gp?
@Maurice O Neill:legislation is most welcome, normal society deserves protection from fanatics
@Maurice O Neill: a step too far? The protection of people from hindrance (at a minimum) and intimidation is never a step too far. If you are so concerned with what the moral thing to do is, why not spare a thought to the women or couples attending hospitals because of miscarriages, fatal foetal abnormalities etc., if you can’t have any compassion for anyone else (though you could do to learn some) could you at least show some for them?
@Jo H: I should clarify this type of hindrance
@Maurice O Neill: the people who intimate women using these services are the lowest of the low.
@Jo H: People like Maurice aren’t being compassionate to the unborn babies, they’re virtue signalling to get themselves credit with God.
@Maurice O Neill: the law is insufficient. The exclusion zone should be considerably greater.
@Tom Goss: Who ironically (for believers) is the biggest abortionist of all.
@Pat Casey: It’s the intimacy that caused the pregnancy! The word you’re looking for is INTIMIDATE!
Terminating a viable pregnancy isn’t choice its wrong.
@LUCY Thomas: it’s none of your business, you don’t have to explain yourself to anyone for your choices and neither do the women seeking medical treatment. They are doing nothing illegal, go move to another country if you don’t agree with the laws of the land.
@LUCY Thomas: It is a choice. Thankfully one every women in this country has the right to make should they so need without interference.
@LUCY Thomas: The people of Ireland decided overwhelmingly to make it a choice.
@Dawn Harvey:
@LUCY Thomas: it is choice – whether you feel it is a right or wrong choice is irrelevant, is is absolutely none of your business
@LUCY Thomas: there is an opening for the likes of you in Afghanistan, you should go.
I am delighted, about 10 years ago, I was across the road and saw a young girl leaving a women’s clinic, she was surrounded & was getting harrased verbally, I crossed the road, had to physically push a man out of the way I linked her and started walking with her away from the building. She was visibly upset & began to try to tell me why she was there, I stopped her quickly and said whatever her business inside of that building was her own & she didn’t need to explain it or justify it to anyone. We had a coffee & chatted for about an hour. She still texts me to this day to check in every so often.
I still don’t know why she was there and it doesn’t matter. It’s sad when people’s try to express their morals & values & end up doing the exact opposite
Anti choice zealots, the people have spoken, put away the rosaries and pictures, go home, your time is over.
All intimation should be illegal
@John Kavanagh: So why should nudge … nudge wink…wink be illegal? Or did you mean “intimidation”?
Woman’s choice and nobody else’s business. It’s right to make it illegal but with the current crop of Judges and their insipid mindsets what will be the deterrent, monetary fine? Change needed across the board, laws and sentencing procedures.
Isn’t intimidation of anyone at any location already an offence ?
Thought there were areas where people weren’t allowed to protest, such as on property land.
Can women hold protests outside church doors, or inside?
Curious to know how many protestors adopted the many unwanted babies.
David Quinn you are seriously freaking out people. It’s not democracy to have Iona and Legion of Mary lunatics outside maternity with pictures of aborted babies praying and singing. Whether you agree or disagree women have the right to attend hospitals without you lunatics outside
I am sorry but sick individuals putting white coffins out of place where women who had miscarriages is not right.
I think for their safety they should be stopped
You Iona heads are dangerous people that should never be let near hospitals,clinics,as you are bigots and do not know what trauma a woman has endured walking up those lonely steps alone and frightened. Your a bunch of right wing dangerous Christians.
You Iona heads are dangerous zealous people that should never be let near hospitals,clinics,as you are bigots and do not know what trauma a woman has endured walking up those lonely steps alone and frightened. Your a bunch of right wing dangerous Christians.
@adrian j aungier:
Abusive language such as calling people Iona heads, bigots, etc does’nt cut it.
Roe v Wade was made in court where it was determined as a ‘human right’ . That was never accepted by a substantial part of the community. It has done tremendous damage to social cohesion of the country, to the point where the USA is in serious decline.
Liberal abortion is not a right. It will never be accepted by the silent majority and will do increasing damage until it is curtailed.
@John Lynch: Hmm, I don’t think your statement has any merit – IMHO. The decline of the USA has nothing to do with the right to choose, it has more to do with politicians and companies who cheat, corrupt, lie and rake in the money. They don’t consider the consequences of their actions. This has lead to the USA decline.
The right to bear arms was unfortunately put into USA law over 200 years ago but it is not appropriate in the 21 century. Yet some people believe the right to kill with a bullet has a higher moral value than abortion and they protest outside clinics to display their hatred – not compassion. Maybe in some cases there is genuine concern but love for your fellow human should be paramount – not intimidation.
Ireland has really lost its touch. I only got to fully understand about a year ago that k*lling babies was wrong. Strange world we live in.
Did any details leak about which patients received an abortion from the cyber attack?
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