Cowen willing to hold abortion poll

The Government will hold a referendum if legislation is accepted as a way to decide on abortion, the Minister for Health, Mr Cowen, has told the Dail. He did not have a solution but said he would "embark upon a difficult journey to build a consensus on how to deal with this difficult issue properly and adequately".

The Minister was responding to questions, following revelations about the rape and subsequent pregnancy of a 13-year-old girl now in the Eastern Health Board's care.

Mr Cowen said the matter was before the courts and was being considered in camera. He was not aware that any definitive decision had been made about the teenager's situation. He hoped to report to Cabinet in a fortnight on the "political direction" to be taken in the preparation of a Green Paper.

All options would be explored and Mr Cowen would seek submissions from interested parties and members of the public to ensure this was done. "The Government will initiate public debate on the issue with the publication of this Green Paper and the intention is to refer the matter at that stage to the All-Party Constitutional Review Group."

He added: "If legislation is regarded as the route by which this matter will be decided, we will invoke the Article 27 procedure under the Constitution whereby that legislation would have to be put to the people by referendum. Their approval would be required. That is the view of Government."

Mr Cowen was "shocked and revolted" by revelations of the abuse a young girl had suffered. The EHB would provide for her medical and related needs. Its professional and caring approach was acknowledged, he said.

"Certain of the questions which have been addressed to me are based on an assumption that a definitive decision has been made in relation to the pregnancy. As of now, I am not so aware and I think that it is most important that the girl and her family be given the time and the space to consider the complex issues involved and to avail of the best advice available to them."

Mr Alan Shatter (FG, Dublin South) said specific guidelines were required to ensure the health boards dealt uniformly with tragic cases such as this and to avoid having to resort to the courts to clarify the legal situation and their obligations.

But the Minister said the Government "would need to think very carefully" before issuing such guidelines for situations where children who have been raped and made pregnant were taken into care.

The Government would review shortly the current guidelines about the reporting, investigation and management of alleged cases of child abuse. These guidelines were supplemented by "detailed operational protocols".

"There is an operations review taking place and regardless of policy directives, individual cases are unique and it is very hard to be prescriptive for every individual case that comes forward."

Mr Cowen pointed out, however, that "health professionals have considerable experience of dealing with children who have been sexually assaulted, resulting in pregnancy in some instances".

Ms Liz McManus (DL, Wicklow) asked if the Minister could assure the House that "the role of the health board is clear and that the health board can uphold this girl's right to travel at the end of the day if that is the choice that is made".

The Minister said the right to travel by all citizens was not required to be upheld by any authority. It was a constitutional right of all citizens as a result of a constitutional referendum.

Mr Joe Higgins (Socialist Party) asked if the Minister agreed that it would be unthinkable for the State to repeat its action of 1992 when it sought essentially to intern within State borders a 14year-old rape victim.

"If a child victim of rape decides after proper counselling not to continue the pregnancy then the State has no business interfering in any form with that decision," Mr Higgins said.

Mr Cowen replied that in 1992 it was an Attorney General operating an original jurisdiction regarding the Constitution who sought to clarify the situation. "The State is not involved. The Attorney General, then or now or any time in the future, cannot be politically directed in this matters."

When Mr Derek McDowell (Lab, Dublin North Central) asked what the Minister intended to do about abortion, Mr Cowen said his party had set out its view in opposition. Its view was to hold a constitutional referendum with "heads of legislation" to be enacted if that was regarded as the best option.

"Alternatively we can put legislation which has been passed by both Houses of the Oireachtas before the people by way of referendum, using the procedure set out by Article 27 in the Constitution".