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Crisis Pregnancy Agency— : 7th Mar 08
"It is Entirely Unacceptable That Two Agencies of the State Should Mislead Doctors and their Patients by Misrepresenting Irish Law and the Irish Constitution"
Last February the Crisis Pregnancy Agency (CPA) and the Health Service Executive (HSE) published and distributed to all general practitioners in Ireland an information pack called KEYCONTACT: Responding to Crisis Pregnancy—Information and Service Directory for Community and Health Professionals.
KEYCONTACT contains some serious inaccuracies in the section on Abortion and the Law (Pages 43-44), where it deals with the Regulation of Information (Services outside the State for Termination of Pregnancies) Act, 1995, otherwise known as the Abortion Information Act.
The section entitled “Abortion and the Law” (pp. 43-44) is intended to offer guidance on the Abortion Information Act, and in particular on “Act Information”, that is, the contact details of abortion centres outside Ireland. The following are the CPA and HSE’s incorrect interpretations regarding the law in Ireland followed by our corrections.
a) In the second paragraph of this section we read:
The 14th Amendment to the Constitution established the right to give and obtain information about abortion services.
No, this is incorrect and misleading; the Constitutional Amendment spoke of “the freedom”, not “the right”, to obtain Act Information (Constitution, 40.3.3). The importance of this distinction appears later.
b) It is illegal to prevent a woman from travelling abroad to get an abortion.
This statement is nowhere in the Abortion Information Act. Exactly why the CPA and HSE make this claim is unclear—unless it is a veiled attack on the so-called “rogue agencies” who highlight the humanity of the unborn and his/her right to life, who stress the physical and psychological risks of abortion, and actively try persuade a woman not to choose abortion.
c) If providing information on abortion within the counselling context, information also must be given on all options available to the pregnant woman, that is: parenting and adoption. This obligation (to give full counselling on all available options) applies only where abortion information is being requested.
In fact, nowhere in the Abortion Information Act is there a list of named options. Instead, the Act refers twice to “all the courses of action that are open to her…” (See § 5 of the Act)
d) In this situation [where a service provider refuses to give Act Information], the client should be referred to another service provider who will give her this information.
The CPA and HSE state that those who do not wish, for whatever reason, to provide Act Information are obliged under the Abortion Information Act to refer the woman to another service provider whom they know will provide such information. This was at the heart of the dispute between the CPA and CURA last year.
This is a blatant misinterpretation of Irish law on the part of the CPA and the HSE. It has no support from either the Constitution, 40.3.3, or the Abortion Information Act. The woman has “the freedom”, that is, cannot be prevented from seeking and receiving Act information. That freedom, unlike a positive right, does not place an obligation on others to provide it. For this reason, the Abortion Information Act, § 13, states, “Nothing in this Act shall be construed as obliging any person to give Act information” and makes no qualifications about the need for referral.
This is just one page of an 80-page production that is intended for doctors and counsellors. It is entirely unacceptable that two agencies of the State should mislead doctors and their patients by misrepresenting Irish Law and the Irish Constitution. It is even more reprehensible that this is done with taxpayers’ money. Family & Life calls for the immediate withdrawal of this booklet and asks our readers to voice their own opposition by contacting the following:
Professor Brendan Drumm, Chief Executive, Health Service Executive, Dr. Steeven's Hospital,
Dublin 8 Tel. 01 635 2500. E-mail: yoursay@hse.ie .HSE., Oak House, Millennium Park, Naas, Co. Kildare.Phone: +353 (0)45 880400 Fax: 1890 200893 or Parkgate St. Business Centre, Dublin 8.Phone: +353 (0)1 635 2500. Fax: 01 635 2823. Website: www.hse.ie
Caroline Spillane, Director, Crisis Pregnancy Agency, Crisis Pregnancy Agency, 4th Floor, 89 – 94 Capel Street, Dublin 1. Phone: 01 814 6292. Fax: 01 814 6282. E-mail:
info@crisispregnancy.ie
DOHC—Minister Mary Harney, : Department of Health and Children, Hawkins House, Dublin 2.01 6354000. You will need to dial +353 1 6354000 if ringing from outside Ireland. 01 6354001. You will need to dial +353 1 6354001 if faxing from outside Ireland.Email: Minister's_Office@health.irlgov.ie OR: info@health.gov.ie OR: press_office@health.gov.ie
An Taoiseach, Mr Bertie Ahern, Department of the Taoiseach, Government Buildings, Dublin 2. Tel: 353 1 6624888, 353 1 6194000, LoCall 1890 227 227, Fax: 353 678 9791, webmaster@taoiseach.gov.ie
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