Dáil Votes To Remove Three-Day Waiting Period For Abortions

The Dáil voted on Wednesday, June 17, to progress legislation that would remove the mandatory three-day waiting period for women seeking an abortion, with the Sinn Féin Bill passing second stage by 86 votes to 70.

If passed into law, the Bill would remove the requirement for a woman to wait three days between her initial consultation with a GP and accessing abortion treatment in early pregnancy.

The Bill will now move to committee stage for further scrutiny before progressing through the remaining stages of the Oireachtas. Discussions will also be taking place between the Minister for Health Jennifer Carroll MacNeill and Attorney General Rossa Fanning, with reports suggesting that the legislation could become law before the year is over.

The three-day waiting period was introduced as part of Ireland’s abortion legislation following the repeal of the 8^th amendment in 2018. But after independent review by barrister Marie O’Sheathe the removal of this part of the legislation was recommended to government in early 2023.

Speaking before the Oireachtas Health Committee following the publication of the review, O’Shea said there was “no medical reason for the three-day wait.”

 

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Sinn Féin health spokesperson David Cullinane, who introduced the bill to the Dáil, said that it would allow women to make decision about their own health without delay or obstruction.

He argued that women should be able to make decisions “in their own time, about their own pregnancy without a mandatory delay,” and that the delay would not prevent women from taking more time to make a decision if they wished but allow them to take this time on their own terms.

“When a woman is certain that this is what she wants, it allows her to make that decision for herself in her own time, about her own pregnancy without a mandatory delay,” he said.

The proposal received support from both the Taoiseach and Tánaiste, but Fianna Fáil and Fine Gael TDs were given a free vote on the issue.

Speaking after the vote, Tánaiste Simon Harris said the result demonstrated the value of allowing individual politicians to vote on their conscience regardless of their political affiliation.

“These are difficult, sensitive issues,” he said. “I think no more or no less of somebody depending on whether they voted tá or níl.”

The Tánaiste also suggested there was now a “strong case” for more conscience-based votes outside the party whip system.

 

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Not all Government ministers supported the legislation. Minister for Justice Jim O’Callaghan voted against the Bill, arguing that the waiting period formed part of the framework presented to voters during the 2018 referendum campaign.

“I didn’t want to start unpicking that now,” he said, adding that he respected colleagues who had taken a different position.

Supporters of the change argue the waiting period is medically unnecessary and can make access to healthcare more difficult, particularly for women experiencing domestic abuse, those living in rural areas and women on lower incomes who may struggle to attend multiple appointments.

The National Women’s Council described the vote as a “major win for women”, saying the mandatory delay had created unnecessary barriers for many seeking care.

If ultimately passed into law, the change would mean women could access abortion services without being required to wait three days after their initial consultation, while still retaining the option of additional appointments or further consultation if desired.

Words by Andrew Connolly