Irish Political Review, December 2012
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Ethnicity Vs. Nationalism Industrial Policy Needed Craft Guilds Undermined Editorial Philip O'Connor Labour Comment page 8 page 14 back page IRISH POLITICAL REVIEW December 2012 Vol.27, No.12 ISSN 0790-7672 and Northern Star incorporating Workers' Weekly Vol.26 No.12 ISSN 954-5891 Therapeutic Abortion Just what would we The death of Mrs. Savita Halappanavar as a result of medical shortcomings in do if UK left EU? connection with complications in a miscarriage is likely to bring about a much-needed reform of arrangements in such situations. This was the question posed by David McWilliams in a recent piece in the Irish The only statute law governing abortion is the 19th century British-made Offences Independent (22 November). However, Against The Person Act. That is modified by the clause in the Irish Constitution that there he did not answer his own question. And is an equal right to life between an unborn and its mother, enacted by referendum. This while his logic leads to us leaving the provision came about as a result of a legal case, brought by an underage statutory rape Euro and joining Sterling that's a position victim. Her family was appealing an injunction brought by Attorney General Harold that dare not speak its name for him. With Whelehan to prevent the girl from leaving the country to obtain an abortion. Whelehan this approach he becomes very eclectic as was over-ruled by the Supreme Court and the person concerned travelled to England for regards the country's options and it's an abortion. Subsequently, referendums confirmed the Right to Information about difficult to see the worth of what he says. Abortion to be made available in Ireland and the Right to Travel for Abortion. For example he says that, if Britain left The X-Case ruling was not overturned by referendum. It established that, where a the EU, "Ireland would be a total outlier conflict of interest existed between the two, the life of the mother was to take priority over in terms of economic integration, while that of the unborn. However, no legislation has been passed, to give effect to and culturally we would be in a club with elaborate this judge-made law. This has meant that individual doctors have been unsure which we share practically nothing". This of how to proceed in difficult cases. It has been left to the Medical Council to draw up is weird reasoning. The economic regulations to govern medical practice. Irish Political Review has been given to integration on offer is with the Eurozone understand that these are drawn up sufficiently loosely to allow medical practitioners of which Britain is not part and obviously considerable leeway. The effect of that has been that there is considerable variation in hostile to. It is the plans for this very the approach to problem pregnancies around the country. In a small number of hospitals integration that is forcing it to consider there has been a very restrictive approach to medical intervention indeed, as was the case leaving the EU. So its exit from the scene at Galway University Hospital. Judging by press reports of the Halappanavar Case, the will not hinder the development of what it doctors in question denied the mother her rights to a legal termination under X-Case is being trying to prevent. judge-made law. In the Dublin area, on the other hand, we understand that doctors Ireland on the other hand shows every routinely intervene to save the life of the mother where this is required. It is a pity that sign of wanting to be part of this the variable medical practice in such situations has not come to light before this case, as integration. The fundamental choice was such knowledge could have been of assistance to women with problem pregnancies. made in the referendum on the Fiscal What the Halappanavar Case has made abundantly clear is that it can no longer be left Pact. It will inevitably be physically an continued on page 2 continued on page 4 discussion. Up to this point there was only around the Ottoman Empire. However, it Gaza a tiny Jewish population in Palestine, and was contented to stay where it was. The At the conclusion of Zion's latest it was initially not considered. Zionist project had no support there. An bloodbath in Gaza, an RTE commentator Zionism set out to find a "national approach by the Zionists to the Ottoman wearily referred to "this conflict that has homeland" for "the Jews" under the rulers to consider a European Jewish been going on for thousands of years". protection of an Imperialist power, and colonisation project in Palestine was This is nonsense. Zionism was just always favoured Britain for this latter rejected out of hand as only likely to another late 19th century European role. The initial site discussed for the produce dislocation and havoc far in excess nationalist movement which gained Homeland was Uganda, where there was of any economic benefits it might produce. ground among East European Jews in plenty of fertile land and a people that The Zionists then proposed the Pales- response to the official brutal anti- could be easily dispensed with by imperial tine notion to Britain, and presented Semitism of Britain's greatest ally, Tsarist gunpowder. However, that fell through. themselves to the masters of the British Russia. Where the national movement Palestine came under consideration. Empire as a potential classic white colonist would locate itself was a matter for There was a large Jewish populations continued on page 4 ownership of his wife's medical records in an effort to thwart them. C O N T E N T S Michael Farrell has written that, Page "Irrespective of the views, opinion Therapeutic Abortion. Editorial 1 or wishes of the Minister for Health, Just What Would We Do If UK Left EU? Jack Lane 1 the HSE [Health Services Executive], Gaza. Philip O'Connor 1 its chief executive or members, very Children's Referendum. Report 3 shortly there will be an inquiry into the Readers' Letters: Who Is In Control? Ivor Kenna 5 circumstances surrounding the death Ceasefire Agreement Between Israel And Gaza's Palestinians. Report 5 of the late Savita Halappanavar which Northern Ireland: Subversive Government. Editorial 6 will be open to the public, sworn, P.A. Mag Louchlainn: An Obituary. Seán McGouran 7 independent, with leave to appeal and Ethnicity Vs. Nationalism. Editorial (Prying Out Sectarianism, Part 2) 8 which will neither seek to blame nor Dunmanway: A Reply To Jeffrey Dudgeon. Barry Keane (Letter) 11 seek to exonerate and which will be Poems: A Prayer For Gaza; Caught In The Act. Wilson John Haire 12 presided over by a member of one of Debt Crisis: Unemployment And Industrial Policy. Philip O'Connor the most caring and sympathetic groups (Austerity Report 1) 11§113 in Irish society—it's called an inquest" Shorts from the Long Fellow (The Public Finances; Consumption Boom; (Letter, Irish Times 24.11.12). Gambling Debts; Cost Of Banking Crisis) 16 Es Ahora. Julianne Herlihy (Trocaire & Israeli Boycott; Irish Affairs; Alastair These observations seem very much to Campbell; USA And The GAA; Monignor Hugh O'Flaherty) 18 the point. For whatever reason, the An Irish Anti-Fascist RAF Volunteer And Some Other Soldiers. Government—and the media—appear to Manus O'Riordan (Part 4) 19 have neglected this most basic of demo- Index To Irish Political Review, 2012. 23 cratic institutions—the Coroner's Court. Does It Stack Up? Michael Stack (Abortion Law; Public Interest Directors; There may be a problem with any Children's/Adoption Referendum; Terence McSwiney 24 inquiry that is held: Mrs. Halappanavar's body has been cremated. An autopsy was Labour Comment, edited by Pat Maloney: carried out two days after she died and it Craft Guilds And The Government must be assumed that there are relevant (back page) medical samples stored to enable forensic evidence to be presented. Trade Union Notes (Pay; Tax; Membership) The European Court of Human Rights (page 26) recently ruled, in a case brought by a woman with a problem pregnancy, that the State was remiss in not providing procedures to establish a woman's entitle- ment in such situations. The Government abortions are now set in place expeditiously. to Medical Council guidelines and medical set up an expert group, chaired by Justice discretion to ensure a proper outcome in Strictly speaking, a statute law should Sean Ryan, after that ruling. The Sunday difficult pregnancies. not be required to allow therapeutic Independent reports that the findings of abortions where there is a real and this group favour the establishment of Politicians have shied away from giving substantial risk to the life of the mother as "effective and accessible" procedures to statutory effect to judicial rulings in the X legal authority for this already exists as a enable women to have an abortion in Case. Undoubtedly the fear has been that result of the X Case. In fact, if and when Ireland where there is a "legitimate any liberalisation would bring about a legislation is passed on the matter, it could entitlement" (See State Is Told: 'Select liberal abortion regime, such as exists in still fall to the courts to flesh it out by Sites For Abortion', 25.11.12). Great Britain (but not in Northern Ireland). interpretation. There can be little doubt that there is That fear is misplaced. Attitudes towards As there is already legal authority for over-whelming public support for abortion are socially determined to a abortion in these circumstances, the only legislation providing for a generous considerable extent.