Rss Feed Tweeter button Facebook button Delicious button

Skip to content

Thursday, May 24th 2012


Time to Legislate for Life-Saving Abortion

Today marks the date in 1992 when the parents of a pregnant 14-year-old took their daughter to England for an abortion. She had been raped by a friend of the family. That same day in the High Court, Mr Justice Declan Costello issued a temporary injunction to prevent the abortion. Only hours after they had left, the family returned to Ireland. This became known as the X Case.

Now finally, in 2012, a group of TDs including Joan Collins, Clare Daly and Mick Wallace are preparing to force the Coalition Government to introduce legislation on life-saving abortions. This move is to be welcomed and supported.

In January 2011, Labour leader Eamon Gilmore was unequivocal: Ireland needs legislation to allow abortion in circumstances where the life or health of the mother is at risk.

His statement followed December 2010’s ruling of the European Court of Human Rights on Ireland’s abortion laws which, the Tánaiste and Minster for Foreign Affairs added, was “very clear that Ireland was out of kilter [on] human rights”.

He went further, saying Fine Gael’s proposal that the ruling and matters to do with it should be looked at by an All-Party Committee of the Oireachtas was unnecessary. According to his party’s legal advice, neither another Committee nor a constitutional amendment was necessary.

And yet, 13 months later, Health Minister James Reilly has just appointed yet another expert committee, this time headed by Mr Justice Sean Ryan. Its 14 members include senior civil servants, GPs, consultant obstetricians and legal experts, who are considering how the Coalition Government can implement the Supreme Court ruling on the X Case.

This ruling is now 20 years old. On January 30th, 1992 a rape was reported to the Garda. On February 6th, the parents of the pregnant 14-year-old made swift arrangements for an abortion in England because their daughter said she would rather end her own life than continue the pregnancy to term. The then Attorney General Harry Whelehan swung into action, winning a temporary High Court injunction that forced the family to return to Ireland.

The Irish Times carried the story some days later. All hell broke loose when Mr Justice Declan Costello went on to grant a permanent injunction. Protesters took to the streets in their thousands to express their shock and anger at the treatment of X. The actions of the Attorney General and a High Court judge provoked a sea-change in Irish opinion on abortion.

The girl’s parents lodged an appeal, applying for an early hearing. On March 6th, the Supreme Court acknowledged her right to life and ruled that a woman has a right to abortion in Ireland if her life is at risk, including at risk by suicide.

Back then, the late Supreme Court judge, Mr Niall McCarthy, emphasised the need for legislation saying: “The failure of the legislature to enact the appropriate legislation is no longer just unfortunate; it is inexcusable.”

Two decades later, after numerous expert committees, two referendums in which the people vindicated a woman’s right to life-saving abortion, several court rulings doing the same, and an acknowledgment from the current Government’s Deputy Leader that such legislation is necessary – all Labour and Fine Gael are giving us is yet another expert committee.

It is vital that the move by this group of TDs is supported, both inside and outside the Dáil. The courts have ruled, the people have spoken – it’s time for the Government to act.

Therese Caherty, Feminist Open Forum, on behalf of the Action on X, an alliance of groups and individuals who call on the Irish Government to act immediately to implement appropriate legislation on the right to abortion in Ireland, 20 years after the X case and one year after the C case judgment. A Public Rally is being organised for the Saturday February 26th. This is the day the permanent injunction was lifted

Discussion

We welcome and encourage lively discussion from the public about articles on Irish Left Review. You can leave a comment using the form at the bottom of the page. Please read through the existing comments before posting your own.

  1. Comment by: Elpenor Dignam

    Feb 6th 2012 at 10:02

    The middle class family secrete their daughter away to a private clinic England, before she heads away to college, no more said about it. The working class girl is told she must go full term, it’s God’s will, while the Daily Mail whine about single mothers on social welfare.

  2. Comment by: suzy king

    Feb 6th 2012 at 18:02

    I remember this case and it made me furious that the state could step in and claim ownership of this girls body. The state did not put her state of mind before her raped body. The guy who raped her went on to commit another assault.

Leave a Comment

(required)

(required, will not be published)

Sins of the Father

Sins of the Father:

Tracing the Decisions

That Shaped the Irish Economy,

by Conor McCabe

from The History Press

Now Available as an e-Book.

Subscribe by Email

Enter your email address:

Delivered by FeedBurner



Irish Left Review on Facebook

Best of the Web

  • Enough wrong turns – opt for growth that will lead to quality jobs

    From the European Trade Union Confederation, responding to the informal summit on growth and austerity in Brussels today.

    Bernadette Ségol, ETUC general secretary, stated:

    “We are delighted with the recent interest in growth shown by European leaders. It is now obvious to all that austerity has been a failure. Let us be wary about this reversal in trend, however. Whereas everyone is talking about growth, proposals on how to stimulate growth are conflicting. The new advocates of growth are calling for growth through structural reforms. These reforms are just another word for more deregulation, more flexibility, fewer public services and in short, more insecurity. The growth we recommend is completely different. We want a recovery through investment, through wage rises. The European Central Bank must guarantee the common currency to restore growth and confidence. Finally, new sources of financing must be given serious consideration (tax on financial transactions, Eurobonds). Moreover the May 23rd summit must concentrate on creating sustainable employment. One of the ways to do so would be to approve an ambitious directive on energy efficiency with binding targets at the national and European levels.”

    No comments »
  • 97% Owned | Documentary on Money

    This looks good…

    When money drives almost all activity on the planet, it’s essential that we understand it. Yet simple questions often get overlooked - questions like:

    • where does money come from?
    • Who creates it?
    • Who decides how it gets used?
    • And what does that mean for the millions of ordinary people who suffer when money and finance breaks down?

    97% Owned is a new documentary that reveals how money is at the root of our current social and economic crisis. Featuring frank interviews and commentary from economists, campaigners and former bankers, it exposes the privatised, debt-based monetary system that gives banks the power to create money, shape the economy, cause crises and push house prices out of reach.

    Fact-based and clearly explained, in just 60 minutes it shows how the power to create money is the piece of the puzzle that economists were missing when they failed to predict the crisis.

    Produced by Queuepolitely and featuring Ben Dyson of Positive Money, Josh Ryan-Collins of The New Economics Foundation, Ann Pettifor, the “HBOS Whistleblower” Paul Moore, Simon Dixon of Bank to the Future and Sargon Nissan and Nick Dearden from the Jubliee Debt Campaign, this is the first documentary to tackle this issue from a UK-perspective, and can be watched online now.

    No comments »
  • Greek leftist brings message to Europe - “Let’s talk”

    “The first reason we are taking this trip is because we want the governments of these important European Union countries, France and Germany, to see what we stand for: what is being transmitted in Europe about us is not what we represent and want,” Tsipras told Reuters at the office of his SYRIZA party.

    He will not be meeting government officials, but will see fellow leftists in France and Germany, including former French presidential candidate Jean-Luc Melenchon and Klaus Ernst and Gregor Gysi of Germany’s The Left. He will hold news conferences in both capitals to get his message to a wider audience.

    “We are not at all an anti-European force. We are fighting to save social cohesion in Europe. We are maybe the most pro-European force in Europe, because its dominant powers will lead the union into instability and the euro zone to collapse if they insist on austerity,” he said.

    While he repeated his assertion that the terms of a 130 billion bailout agreement Greece signed with international lenders in March are now a “dead letter”, he said that if he comes to power he will seek a new policy mix to keep Greece in the euro.

    “Yes, we do want Europe’s support and funding, but we don’t want the money of European taxpayers to be wasted. Two bailouts in a row went into the dustbin, into a bottomless barrel. If this continues we would need a third package in six months. Europeans and their leaders must realise this,” he said.

    No comments »
  • Damien Dempsey calls for a No vote in the 31st of May Fiscal Compact Treaty Referendum

    No comments »
  • Mandate: Vote No to the Austerity Treaty

    No comments »
  • Étienne Balibar: ‘Ejecting Greece from the eurozone would be a moral failure for Europe’ - video

    French Marxist philosopher Étienne Balibar discusses European identity amid the financial crisis. Using ideas explored in his 2002 book Politics and the Other Scene, he argues that the continent still has some way to go to rid itself of xenophobia.

    Guardian Comment is Free Video Interview

    No comments »
  • Greece: when the lights go out

    Ireland is not Greece, Michael Noonan has said. The two countries are so far apart that the only thing that reaches us is feta for our fancy salads. Yet, Phil Hogan is planning to use details from electricity bills to go after those who haven’t paid their household charge, just like they tried in Greece. Let’s see how that goes…

    The desperate cunning scheme to get Greeks to pay property taxes by bundling them with electricity bills didn’t last long. You guessed it, people stopped paying their electricity bills and now it looks like the power company - which had to be bailed out last month - has stopped even trying to collect the levy.

    No comments »
  • Greece: heading for the exit? | Michael Roberts

    There is a way out of this. But it’s not on the basis of the pro-banking, pro-capitalist policies of the Euro leaders. Greek state finances would be fine if the richest Greeks paid taxes and did not spirit their money offshore to buy property in Kensington, London or Monaco, with the connivance of Greek banks and politicians granting their wealthy friends and multinationals all kinds of tax advantages and favours that have diluted tax revenues to the point where there is not enough in the kitty to maintain public services.  According to the Tax Justice Network, over a trillion dollars lie in offshore banks and companies in tax havens (not all Greek money of course).  Recover this money and governments could not only reduce their debts but pave the way for a lowering of taxes across the board to encourage investment and growth and increase spending power for the majority.

    Capital controls, public ownership of the banks and major corporate sectors to organise a plan for investment and growth: this is not just an alternative programme for Greece but for all of Europe.

    No comments »
  • On ABC Radio National, PM program: ‘Stupendously idiotic’ policies for Greece can’t work.

    Good answers….

    MARK COLVIN: Well it’s being imposed effectively from Germany, isn’t it? What are the chances that Germany is going to have any patience with a Greece which has failed to form a coalition, which is going into uncharted territories, as you say, with a new election?

    YANIS VAROUFAKIS: It’s like asking the question, what kind of patience am I going to have with gravity? It doesn’t matter.

    (sound of Mark Colvin laughing)

    Gravity is a law of nature and I cannot do anything about it. Similarly, Germany at some point, and I think that that point has already come, Germany will realise that it is absolutely impossible to, for a country like Greece, or for Spain for the matter, to exit this debt deflationary spiral, through cutting. This cannot be done even if every single Greek and Spaniard and Italian wants to do it.

    Even if God, his angels and, you know, every good man and woman on this planet wanted to implement this German prescription on the European periphery, it cannot be done for the same reasons why I can’t fly without an aeroplane.

    MARK COLVIN: So what’s the alternative? Where’s the money going to come from for pump priming?

    YANIS VAROUFAKIS: Well, I don’t think we should have pump priming. What I think we should have in Europe is a little modicum, tiny whiff of rationality.

    No comments »
  • Video: David Graeber and David Harvey in Conversation

    David Graeber and David Harvey discuss their new books, Debt: The First 5000 Years, and Rebel Cities, respectively.

    25 April 2012 at The CUNY Graduate Center

    No comments »

Link Archives »

Authors