Abstract
To date, in practical terms a woman in Dublin and Belfast will have had a very similar experience when seeking an abortion: she will more than likely have had to travel out of her state. However, since the 1980s there has been one crucial difference between the two states, which feeds directly into the fact that it is the Republic of Ireland that will change its abortion laws first. Since 1983 the Republic of Ireland has been constantly ‘talking abortion’; it has experienced six abortion-related referendums each involving debate and protest. By comparison, in Northern Ireland there has been little pretext for debating the jurisdiction’s abortion laws. This chapter explores how the momentum for reform in the Republic culminated in the overwhelming mandate to repeal of the eighth amendment in May 2018. It also reveals how this situation has increased the focus on Northern Ireland, which is now virtually alone in Western Europe in clinging to its restrictive abortion regime.
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Notes
- 1.
L. Smyth , ‘The Cultural Politics of Sexuality and Reproduction in Northern Ireland’, Sociology, 40:4 (2006), pp. 663–80, p. 673; Connolly, The Irish Women’s Movement, pp. 155–86; Muldowney , ‘Breaking the Silence : Pro-choice Activism in Ireland Since 1983’, pp. 127–50.
- 2.
Schweppe , ‘Introduction’, in Schweppe (ed.), The Unborn Child, Article 40.3.3 and Abortion in Ireland, pp. 1–14, p. 11.
- 3.
Fletcher , ‘“The Pro-life ” Absolutes, Feminist Challenges: The Fundamentalist Narrative of Irish Abortion Law 1986–1992’, pp. 1–62, p. 6.
- 4.
F. de Londras and M. Enright , Repealing the 8th: Reforming Irish Abortion Law (Bristol: Policy Press, 2018), p. 2.
- 5.
Cited in de Londras and Enright , Repealing the 8th, p. 9.
- 6.
Ibid., p. 10.
- 7.
For a discussion of the impact of these events see, L. Earner-Byrne, ‘Child Sexual Abuse, History and the Pursuit of Blame in Modern Ireland’, in K. Holmes and S. Ward (eds), Exhuming Passions: Memory and the Pressures of the Past in Australia and Ireland (Dublin: Irish Academic Press, 2011), pp. 51–70.
- 8.
See, for example, Report of the Commission to Inquire into Child Abuse [known as the Ryan Report] (1999).
- 9.
L. Oaks , ‘“Abortion Is Part of the Irish Experience, It Is Part of What We Are”: The Transformation of Public Discourse on Irish Abortion Policy’, Women’s Studies International Forum, 25:3 (2002), 315–33, p. 315.
- 10.
McAvoy, ‘From Anti-amendment Campaigns to Demanding Reproductive Justice ’, pp. 15–47. See, http://www.youtube.com/profile_videos?user=SafeAndLegalIreland&p=d.
- 11.
A. O’Conor, ‘How the Death of Savita Halappanavar Changed the Abortion Debate’, Irish Examiner, 28 October 2017; H. McGee, ‘How the Yes and No Sides Won and Lost the Abortion Referendum ’, Irish Times , 26 May 2018.
- 12.
Health Services Executive [HSE ], Final Report: Investigation of Incident 50278 from Time of Patient’s Self Referral to Hospital on 21st of October 2012 to the Patient’s Death on 28th October 2012 (June 2013), p. 5.
- 13.
Ibid.
- 14.
The story first broke in the Irish Times on the 14 November 2012 (‘Woman “Denied a Termination ” Dies in Hospital’, Irish Times, 14 November 2012).
- 15.
The committee was established in April 2017 to consider the Citizen’s Assembly report in relation to the Eighth Amendment of the Constitution. See, https://www.oireachtas.ie/en/committees/32/eighth-amendment-constitution/.
- 16.
‘Risks to Health, ‘Including Physical Health , of Pregnant Women: Professor Sabaratnam Arulkumaran, Dr. Peter Boylan and Dr. Meabh Ní Bhuinneáin’. Joint Committee on the Eighth Amendment of the Constitution Debate, 18 October 2017, https://www.oireachtas.ie/en/debates/debate/joint_committee_on_the_eighth_amendment_of_the_constitution/2017-10-18/3/, accessed 2 August 2018.
- 17.
J. O’Brien, ‘Catholics Have Evolved in Their Thinking About Abortion’, Irish Times , 16 January 2018. Jon O’Brien is president of Catholics for Choice, based in Washington, DC.
- 18.
O’Brien, ‘Catholics Have Evolved in Their Thinking About Abortion’.
- 19.
‘Cardinal Brady Reiterates Opposition to Abortion in Christmas Message’, Ulster Herald , 27 December 2012.
- 20.
Report of the Joint Committee on the Eighth Amendment of the Constitution (December 2017), p. 35.
- 21.
K. Holland, ‘Timeline of Ms Y Case’, Irish Times , 4 October 2014.
- 22.
Report of the Joint Committee on the Eighth Amendment of the Constitution (December 2017), p. 8.
- 23.
K. Holland, ‘Accessing Abortion Is a “Lottery” Under Irish Rules’, Irish Times , 12 June 2017.
- 24.
de Londras and Enright , Repealing the 8th: Reforming Irish Abortion Law, p. 8.
- 25.
A point made by Marguerite McCarthy during a discussion with Kathy Sheridan on the Irish Times’ The Women’s Podcast ‘Ordinary Women and the 8th Referendum ’, 14 May 2018, https://soundcloud.com/irishtimes-women/ep-216-ordinary-women-and-the-8th-referendum, accessed 2 June 2018.
- 26.
Bloomer and K. O’Dowd, ‘Restricted Access to Abortion in the Republic of Ireland and Northern Ireland: Exploring Abortion Tourism and Barrier to Legal Reform’, pp. 366–80, p. 371.
- 27.
Minister for Health, Simon Harris, ‘Report of the Joint Committee on the Eighth Amendment of the Constitution: Statements’, Dáil Eireann Debate, 17 January 2018, https://www.oireachtas.ie/en/debates/debate/dail/2018-01-17/25/, accessed 2 September 2018.
- 28.
Ibid.
- 29.
For further details see, Abortion Rights Campaign website https://www.abortionrightscampaign.ie/tag/rise-and-repeal/; See, for example, Rise and Repeal, 2016 video https://www.youtube.com/watch?v=j0OaAz7N07k and https://www.youtube.com/watch?v=P7JYEfXi2RM.
- 30.
The Oireachtas Joint Committee on the Eighth Amendment of the Constitution made this recommendation following extensive consultation with various groups in December 2017. See, for example, ‘Oireachtas Committee to Recommend Unrestricted Abortions up to 12 weeks’, Irish Times , 12 December 2017.
- 31.
Letter to the Editor, Irish Times, 4 May 2018.
- 32.
The Pro-Life Campaign Described Itself as a ‘Non-denominational Human Rights Organisation and Drew Its Members from the Original Pro Life Amendment Campaign Group of 1981’, https://prolifecampaign.ie/main/about/, accessed 2 September 2018.
- 33.
‘For Anyone Who Thinks “Abortion Is Happening Anyway”’, https://loveboth.ie/the-eighth-amendment-saves-lives-i-am-a-prove/; ‘This Referendum Is Not About Maternal Health’—Letter to Boylan and Mahony. https://loveboth.ie/referendum-is-not-about-maternal-health/, accessed 2 September 2018.
- 34.
S. MacDonald, ‘Proposed Abortion Law Is in No Way Restrictive: Iona Institute ’, CatholicIreland.net, https://www.catholicireland.net/proposed-abortion-law-no-way-restrictive-iona-institute/, accessed 2 September 2018.
- 35.
Co-Directors were Grainne Griffin (founding member of Abortion Rights Campaign), Orla O’Connor (Director of the National Women’s Council of Ireland) and Ailbhe Smyth (veteran feminist campaigner and former head of Women’s Studies at UCD), https://www.togetherforyes.ie/about-us/our-executive/, accessed 31 August 2018. The National Women’s Council of Ireland had been issuing policy papers in relation to abortion for some time and did much work to create an environment amenable to a second referendum on the eighth.
- 36.
See, for example, the episode of Today with Sean O’Rourke RTÉ 1, 26 May 2018.
- 37.
M. Lord , ‘It Took 35 Years to Build This Stunning Result’, Irish Times , 28 May 2018.
- 38.
A. Connelly, ‘Eighth Amendment: A Look Back at the Campaigns’, RTÉ News, https://www.rte.ie/news/analysis-and-comment/2018/0528/966631-eighth-amendment-campaign-ends/, accessed 31 August 2018.
- 39.
I. Hamilton, ‘Campaign Getting Irish People Have Real Convos About Abortion Away from Internet Disinformation’, Mashable, 21 May 2018. See, https://mashable.com/2018/05/21/hearmeout-campaign-irish-referendum/?europe=true#6m6JVxBRasql, accessed 20 September 2018.
- 40.
See, for example, ‘Abortion and Me: Share Your Story’, Irish Times , 4 May 2018.
- 41.
Lydia Walsh, Cork : Letter to the Editor, Irish Times, 4 May 2018.
- 42.
On the evening of 25 May both the Irish Times and the national broadcaster RTÉ released exit polls indicating a significant majority for repeal: 68 and 69.4% respectively. ‘Landslide: Two Exit Polls Predict Ireland Has Voted Overwhelmingly to Repeal the Eighth Amendment’, Journal, i.e. http://www.thejournal.ie/referendum-yes-no-4035145-May2018/, accessed 2 September 2018.
- 43.
The RTÉ poll showed that 62% of those who voted did so to support the woman’s right to choose, 55% said that they thought risks to the health or life of a woman was an important factor, while 40% said pregnancy as a result of rape or incest was a reason. This poll also showed that 72.1% of women and 65.9% of men voted to repeal. RTÉ poll conducted by Behaviour and Attitudes. See, https://static.rasset.ie/documents/news/2018/05/rte-exit-poll-final-11pm.pdf.
- 44.
S. McKay , ‘Grieving Couples Will No Longer Have to Smuggle the Remains of a Cremated Baby Back to Ireland’, Guardian, 27 May 2018. Lord’s article provides a very good history of the campaign and the women central to it. Lord, ‘It Took 35 Years to Build This Stunning Result’.
- 45.
Van Badham, ‘Savita!’: Why the Irish Abortion Vote Touched Women the World Over’, Guardian, 30 May 2018.
- 46.
‘Savita Mural Artist: “I’ve Been Painting a Long Time, I’ve Never Seen a Reaction Like That Before’, The Journal, i.e. https://www.thejournal.ie/savita-mural-artist-4044389-May2018/, accessed 22 October 2018.
- 47.
K. Holland, ‘Flowers, Notes and Messages Placed at Mural of Savita in Dublin’, Irish Times , 26 May 2018.
- 48.
S. Burns, ‘Savita Mural on Its Way to “Permanent” Location’, Irish Times, 31 May 2018; L. Lynott, ‘Mural of Savita Halappanavar Moved to New Home as Notes Left in Her Memory Sent to Her Parents’, Independent, i.e. https://www.independent.ie/irish-news/abortion-referendum/mural-of-savita-halappanavar-moved-to-new-home-as-notes-left-in-her-memory-sent-to-her-parents-36966463.html, accessed 22 October 2018.
- 49.
U. Mullally (ed.), Repeal the 8th (London: Unbound, 2018).
- 50.
U. Mullally , ‘Young Women Already Being Written Out of the Story of Repeal’, Irish Times , 1 June 2018.
- 51.
McKay , ‘Grieving Couples Will No Longer Have to Smuggle the Remains of a Cremated Baby Back to Ireland’.
- 52.
‘Editorial’, Irish Times , 27 May 2018.
- 53.
Kelly-Leigh Cooper, ‘After Ireland Says Yes to Abortion, What Next for Northern Ireland?’, BBC News, 29 May 2018, https://www.bbc.com/news/uk-northern-ireland-44271876, accessed 2 September 2018.
- 54.
N. Emerson , ‘Nationalists Perform Sharp U-turn on Abortion’, Irish Times , 31 May 2018.
- 55.
K. Malik ‘It’s the One Thing That Unites Us’, Independent on Sunday, 13 November 1994 reproduced by Kenan Malik on his website Pandaemonium on 4 February 2015, https://kenanmalik.com/2015/02/04/united-against-abortion/, accessed 20 August 2018.
- 56.
Emerson , ‘Nationalists Perform Sharp U-turn on Abortion’.
- 57.
J. McCormack, ‘Sinn Féin Change Abortion Policy’, BBC News, 18 June 2018, https://www.bbc.com/news/uk-northern-ireland-44507054, accessed 3 September 2018.
- 58.
M. McHugh, ‘Sinn Féin Calling for Referendum on “United Ireland” Following Abortion’, Independent, i.e. 27 May 2018, https://www.independent.ie/irish-news/politics/sinn-fin-calling-for-referendum-on-united-ireland-following-abortion-vote-36951126.html, accessed 2 September 2018.
- 59.
‘DUP Leader Claims Sinn Féin Voters Will Back Her Party Due to Abortion Stance’, Independent, 28 August 2018.
- 60.
N. Emerson , ‘Nationalists Perform Sharp U-turn on Abortion’, Irish Times , 31 May 2018.
- 61.
Y. Serhan, ‘Ireland Repealed Its Abortion Ban: Is Northern Ireland Next?’, The Atlantic , 29 May 2018, https://www.theatlantic.com/international/archive/2018/05/northern-ireland-abortion-ban/561383/, accessed 28 August 2018.
- 62.
‘Cross-Party Letter Calls for Change in NI Abortion Laws’, RTÉ News, 22 July 2018, https://www.rte.ie/news/ulster/2018/0722/980290-abortion/, accessed 30 August 2018.
- 63.
Ibid.
- 64.
M. Berer of International Campaign for Women’s Right to Safe Abortion, ‘Northern Ireland—“The North Is Next”—Proposals Put Forward to Try and Make This Happen’, http://www.safeabortionwomensright.org/northern-ireland-the-north-is-next-proposals-put-forward-to-try-and-make-this-happen/, accessed 5 September 2018.
- 65.
These were comments made by DUP members Ian Paisley Jnr and Jim Wells. Cited in K. Cooper, ‘After Ireland Said Yes to Abortion, What Next for Northern Ireland?’, BBC News, https://www.bbc.com/news/uk-northern-ireland-44271876, accessed 5 September 2018.
- 66.
Ibid.
- 67.
Berer, ‘Northern Ireland—“The North Is Next”’.
- 68.
Dyer, ‘Abortion Numbers Halve in Northern Ireland as Doctors Fear Prison’, p. 135. A declaration of incompatibility rules that a statute is incompatible with the European Convention of Human Rights under the Human Rights Act 1998, section 4. See, Department of Justice and Department of Health, Report of the Working Group on Fatal Fetal Abnormality: Healthcare and the Law on Termination of Pregnancy for Fatal Fetal Abnormality (11 October 2016).
- 69.
‘Report Recommends Change to Strict Abortion Law in Northern Ireland’, RTÉ News, 25 April 2018, https://www.rte.ie/news/ulster/2018/0425/957137-abortion-northern-ireland/, accessed 5 September 2018.
- 70.
There have been many imaginative methods used to cross these borders, including drones sent from the Netherlands with abortion pills to Northern Ireland. Berer of International Campaign for Women’s Right to Safe Abortion, ‘Northern Ireland—“The North Is Next”’; M. Davey, ‘“North Is Next”: Fresh Fight for Grassroots Power That Beat Ireland Abortion Ban’, Guardian, 1 June 2018, https://www.theguardian.com/world/2018/jun/02/north-is-next-fresh-fight-for-grassroots-power-that-beat-ireland-abortion-ban, accessed 30 August 2018; ‘After Ireland’s Abortion Vote the North Should Be Next’, Financial Times, 27 May 2018, https://www.ft.com/content/331cc330-6009-11e8-ad91-e01af256df68, accessed 2 September 2018.
- 71.
Fox and Murphy, ‘Irish Abortion: Seeking Refuge in a Jurisprudence of Doubt and Delegation’, p. 455.
- 72.
Minister for Health, Simon Harris, ‘Report of the Joint Committee on the Eighth Amendment of the Constitution: Statements’, Dáil Eireann Debate, 17 January 2018, https://www.oireachtas.ie/en/debates/debate/dail/2018-01-17/25/, accessed 5 September 2018.
- 73.
Of Irish women having terminations in England in 2012: 124 were teenagers, 32 of whom were under the age of 16; 750 women had at least one abortion previously; 2700 were 3 to 9 weeks pregnant; 690 were 10 to 12 weeks; 12% were 13 to 19 weeks and (3%) were 20 weeks, Belfast News-letter , 12 July 2013.
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Earner-Byrne, L., Urquhart, D. (2019). Trusting Women, 2000–2018. In: The Irish Abortion Journey, 1920–2018. Genders and Sexualities in History. Palgrave Pivot, Cham. https://doi.org/10.1007/978-3-030-03855-7_7
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