An Irish solution to an Irish problem
Encyclopedia
The availability of contraception
in the Republic of Ireland
was illegal in the Irish Free State
(later the Republic of Ireland
) from 1935 until 1980, when it was legalized with strong restrictions, later loosened. This reflected Catholic teachings on sexual morality
.
Casti Connubii
(1930) followed the industrial production and widespread use of condom
s that usually prevent fertilisation
. It specified that - "... any use whatsoever of matrimony exercised in such a way that the act is deliberately frustrated in its natural power to generate life is an offense against the law of God and of nature, and those who indulge in such are branded with the guilt of a grave sin."
Following the marketing of "the pill" in the 1960s, a Pontifical Commission on Birth Control
was set up. It has often been cited that there was a majority in favor of contraception, but there is no proof of this. The encyclical Humanae Vitae
(1967) decreed that artificial contraception in all forms was immoral. Catholics are obliged not to use artificial contraception; as opposed to some Protestant points of view whereby one may follow one's own conscience. .
was used, where a device such as a condom
could not be "offer
ed for sale", but a buyer could be "invited to treat
" to buy it. Also people made donation
s to family planning associations to obtain contraception as a "gift
". The reality for almost all of the population was that such a simple matter as contraception was illegal, and few outlets wanted to stock a product that could bring the attention of the police or public opprobrium.
On 22 May 1971 a group of Irish feminists
including Mary Kenny
travelled to Belfast
by rail and made their return to Dublin laden with contraceptive devices into a statement on the illogicality of the law. This provoked criticism from the Roman Catholic Church in Ireland; Thomas Ryan, Bishop of Clonfert, said that "... never before, and certainly not since penal times
was the Catholic heritage of Ireland subjected to so many insidious onslaughts on the pretext of conscience, civil rights and women's liberation."
In 1973, the Supreme Court
affirmed that there was a constitutional right
to marital privacy which also allowed for the use of contraceptives; nevertheless it found that the Act forbidding their import or sale was not repugnant to the Constitution. Faced with the conundrum that the Irish people could legally use contraception but could not legally obtain them, the Government was embarrassed into action. A number of bills were proposed, but all failed to make it to the statute book. Indeed Taoiseach
at the time, Jack Lynch
, admitted at one point that the issue had been put "on the long finger".
. This bill limited the provision of contraceptives to bona fide
"family planning or for adequate medical reasons". A controversial part of the bill was that contraceptives could only be dispensed by a pharmacist
on the presentation of a valid medical prescription
from a practising doctor. It is often wrongly stated that the recipient of the prescription had to be married, but the legislation required no such terms. The reason for this compromise was the strong position of conservative elements in Irish society at the time, particularly the Roman Catholic Church
which made it difficult for the government to provide for a more liberal law. Contraception was also not seen by politicians as a vote-getter at the time. Haughey famously described the 1979 Act as "an Irish solution to an Irish problem
". On November 1, 1980 the Act came into operation by order of the Minister.
The Health (Family Planning) (Amendment) Act, 1985 liberalised the law by allowing condom
s and spermicide
s to be sold to people over 18 without having to present a prescription; however sale was limited to categories of places named in the act. repealed Section 4 of 1979, as amended in 1985, and continued the provision of contraceptives without prescription. As of 2010, the 1992 Act and the Health (Family Planning) (Amendment) Act of 1993 are the main Irish legislation on contraceptive and family planning services.
As well as allowing sales, Ireland's censorship laws
had to be reformed to allow contraceptives to be advertised or even mentioned. As late as 1976 the Censorship of Publications Board
had banned the Irish Family Planning Association's booklet "Family Planning". The Health (Family Planning) Act, 1979 deleted references to "the unnatural prevention of conception" in the 1929 and 1949 censorship Acts, thus allowing publications with information about contraception to be distributed in Ireland. The Regulation of Information (Services Outside the State for the Termination of Pregnancies) Act, 1995 modified the 1929, 1946 and 1967 Acts to allow publications with information about "services provided outside the State for the termination of pregnancies". However, no publications that advocate or promote abortion
s are permitted.
A small percentage of the Irish population still opposes the use of artificial contraception within marriage, in line with Humanae Vitae, including sports personality Mickey Harte
. Newspapers such as The Irish Catholic
and The Brandsma Review
also have editorialized against the use of artificial contraception.
Contraception
Contraception is the prevention of the fusion of gametes during or after sexual activity. The term contraception is a contraction of contra, which means against, and the word conception, meaning fertilization...
in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
was illegal in the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
(later the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
) from 1935 until 1980, when it was legalized with strong restrictions, later loosened. This reflected Catholic teachings on sexual morality
Catholic teachings on sexual morality
Catholic teachings on sexual morality draw from natural law, Sacred Scripture and Sacred Tradition and are promulgated authoritatively by the Magisterium...
.
Papal encyclicals
The EncyclicalEncyclical
An encyclical was originally a circular letter sent to all the churches of a particular area in the ancient Catholic Church. At that time, the word could be used for a letter sent out by any bishop...
Casti Connubii
Casti Connubii
Castī Connūbiī was a papal encyclical promulgated by Pope Pius XI on December 31, 1930 in response to the Lambeth Conference of the Anglican church. It stressed the sanctity of marriage, prohibited Catholics from using any form of artificial birth control, and reaffirmed the prohibition on abortion...
(1930) followed the industrial production and widespread use of condom
Condom
A condom is a barrier device most commonly used during sexual intercourse to reduce the probability of pregnancy and spreading sexually transmitted diseases . It is put on a man's erect penis and physically blocks ejaculated semen from entering the body of a sexual partner...
s that usually prevent fertilisation
Fertilisation
Fertilisation is the fusion of gametes to produce a new organism. In animals, the process involves the fusion of an ovum with a sperm, which eventually leads to the development of an embryo...
. It specified that - "... any use whatsoever of matrimony exercised in such a way that the act is deliberately frustrated in its natural power to generate life is an offense against the law of God and of nature, and those who indulge in such are branded with the guilt of a grave sin."
Following the marketing of "the pill" in the 1960s, a Pontifical Commission on Birth Control
Pontifical Commission on Birth Control
The Pontifical Commission on Birth Control was a committee within the Roman Curia tasked with analyzing the modern impact of birth control on the Roman Catholic Church...
was set up. It has often been cited that there was a majority in favor of contraception, but there is no proof of this. The encyclical Humanae Vitae
Humanae Vitae
Humanae Vitae is an encyclical written by Pope Paul VI and issued on 25 July 1968. Subtitled On the Regulation of Birth, it re-affirms the traditional teaching of the Catholic Church regarding married love, responsible parenthood, and the continuing proscription of most forms of birth...
(1967) decreed that artificial contraception in all forms was immoral. Catholics are obliged not to use artificial contraception; as opposed to some Protestant points of view whereby one may follow one's own conscience. .
Ban on sales 1935-1978
Owning and using contraceptive devices and pills was always legal, but they could not be sold or imported legally after a 1935 Act. During this time a loopholeLoophole
A loophole is a weakness that allows a system to be circumvented.Loophole may also refer to:*Arrowslit, a slit in a castle wall*Loophole , a short science fiction story by Arthur C...
was used, where a device such as a condom
Condom
A condom is a barrier device most commonly used during sexual intercourse to reduce the probability of pregnancy and spreading sexually transmitted diseases . It is put on a man's erect penis and physically blocks ejaculated semen from entering the body of a sexual partner...
could not be "offer
Offer and acceptance
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person to another of the offeror's willingness to enter into a contract on certain terms without...
ed for sale", but a buyer could be "invited to treat
Invitation to treat
Invitation to treat is a contract law term. It comes from the Latin phrase invitatio ad offerendum and means "inviting an offer". Or as Andrew Burrows writes, an invitation to treat is...
" to buy it. Also people made donation
Donation
A donation is a gift given by physical or legal persons, typically for charitable purposes and/or to benefit a cause. A donation may take various forms, including cash, services, new or used goods including clothing, toys, food, and vehicles...
s to family planning associations to obtain contraception as a "gift
Gift (law)
A gift, in the law of property, is the voluntary transfer of property from one person to another without full valuable consideration...
". The reality for almost all of the population was that such a simple matter as contraception was illegal, and few outlets wanted to stock a product that could bring the attention of the police or public opprobrium.
On 22 May 1971 a group of Irish feminists
Feminism in Ireland
Second-wave feminism in Ireland began in the 1970s fronted by women such as Nell McCafferty, Mary Kenny, June Levine and Nuala O'Faolain. At the time, the majority of women in Ireland were housewives...
including Mary Kenny
Mary Kenny
Mary Kenny is an Irish author, broadcaster, playwright and journalist. She was a founder member of the Irish Women's Liberation Movement, though she has modified her radical past, but not rejected feminist principles....
travelled to Belfast
Belfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...
by rail and made their return to Dublin laden with contraceptive devices into a statement on the illogicality of the law. This provoked criticism from the Roman Catholic Church in Ireland; Thomas Ryan, Bishop of Clonfert, said that "... never before, and certainly not since penal times
Penal Laws (Ireland)
The term Penal Laws in Ireland were a series of laws imposed under English and later British rule that sought to discriminate against Roman Catholics and Protestant dissenters in favour of members of the established Church of Ireland....
was the Catholic heritage of Ireland subjected to so many insidious onslaughts on the pretext of conscience, civil rights and women's liberation."
In 1973, the Supreme Court
Supreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
affirmed that there was a constitutional right
Constitutional right
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth , and may not be legally denied by that government.-United States:...
to marital privacy which also allowed for the use of contraceptives; nevertheless it found that the Act forbidding their import or sale was not repugnant to the Constitution. Faced with the conundrum that the Irish people could legally use contraception but could not legally obtain them, the Government was embarrassed into action. A number of bills were proposed, but all failed to make it to the statute book. Indeed Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
at the time, Jack Lynch
Jack Lynch
John Mary "Jack" Lynch was the Taoiseach of Ireland, serving two terms in office; from 1966 to 1973 and 1977 to 1979....
, admitted at one point that the issue had been put "on the long finger".
Reforms allowing sales
In 1978 the Health (Family Planning) Bill was introduced by Charles HaugheyCharles Haughey
Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil...
. This bill limited the provision of contraceptives to bona fide
Bona Fide
Bona Fide is a studio album from rock band Wishbone Ash. It is the first studio album in six years and is the only studio album to feature guitarist Ben Granfelt...
"family planning or for adequate medical reasons". A controversial part of the bill was that contraceptives could only be dispensed by a pharmacist
Pharmacist
Pharmacists are allied health professionals who practice in pharmacy, the field of health sciences focusing on safe and effective medication use...
on the presentation of a valid medical prescription
Medical prescription
A prescription is a health-care program implemented by a physician or other medical practitioner in the form of instructions that govern the plan of care for an individual patient. Prescriptions may include orders to be performed by a patient, caretaker, nurse, pharmacist or other therapist....
from a practising doctor. It is often wrongly stated that the recipient of the prescription had to be married, but the legislation required no such terms. The reason for this compromise was the strong position of conservative elements in Irish society at the time, particularly the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
which made it difficult for the government to provide for a more liberal law. Contraception was also not seen by politicians as a vote-getter at the time. Haughey famously described the 1979 Act as "an Irish solution to an Irish problem
An Irish solution to an Irish problem
The availability of contraception in the Republic of Ireland was illegal in the Irish Free State from 1935 until 1980, when it was legalized with strong restrictions, later loosened...
". On November 1, 1980 the Act came into operation by order of the Minister.
The Health (Family Planning) (Amendment) Act, 1985 liberalised the law by allowing condom
Condom
A condom is a barrier device most commonly used during sexual intercourse to reduce the probability of pregnancy and spreading sexually transmitted diseases . It is put on a man's erect penis and physically blocks ejaculated semen from entering the body of a sexual partner...
s and spermicide
Spermicide
Spermicide is a contraceptive substance that eradicates sperm, inserted vaginally prior to intercourse to prevent pregnancy. As a contraceptive, spermicide may be used alone. However, the pregnancy rate experienced by couples using only spermicide is higher than that of couples using other methods...
s to be sold to people over 18 without having to present a prescription; however sale was limited to categories of places named in the act. repealed Section 4 of 1979, as amended in 1985, and continued the provision of contraceptives without prescription. As of 2010, the 1992 Act and the Health (Family Planning) (Amendment) Act of 1993 are the main Irish legislation on contraceptive and family planning services.
As well as allowing sales, Ireland's censorship laws
Censorship in the Republic of Ireland
Ireland rarely exercises censorship though the state retains wide-ranging laws which allow for it, including specific laws covering films, advertisements, newspapers and magazines, as well as terrorism and pornography...
had to be reformed to allow contraceptives to be advertised or even mentioned. As late as 1976 the Censorship of Publications Board
Censorship of Publications Board (Ireland)
The Censorship of Publications Board is an independent board established by the Censorship of Publications Act, 1929 to examine books and periodicals that are for sale in the Republic of Ireland. It is governed by the Censorship of Publications Acts of 1929, 1946 and 1967. The Board has the...
had banned the Irish Family Planning Association's booklet "Family Planning". The Health (Family Planning) Act, 1979 deleted references to "the unnatural prevention of conception" in the 1929 and 1949 censorship Acts, thus allowing publications with information about contraception to be distributed in Ireland. The Regulation of Information (Services Outside the State for the Termination of Pregnancies) Act, 1995 modified the 1929, 1946 and 1967 Acts to allow publications with information about "services provided outside the State for the termination of pregnancies". However, no publications that advocate or promote abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
s are permitted.
A small percentage of the Irish population still opposes the use of artificial contraception within marriage, in line with Humanae Vitae, including sports personality Mickey Harte
Mickey Harte
Michael "Mickey" Harte is the current manager of Tyrone Gaelic football team. He has led the team to three All-Ireland titles, three Ulster titles, one National League, and four Dr...
. Newspapers such as The Irish Catholic
The Irish Catholic
The Irish Catholic is an Irish weekly Roman Catholic newspaper, providing news and commentary about the Roman Catholic Church. The 32-page tabloid paper is delivered worldwide....
and The Brandsma Review
The Brandsma Review
The Brandsma Review is a bi-monthly magazine of conservative Catholic opinion in circulation in Ireland. Its Latin masthead is Pro Vita, Pro Ecclesia Dei et Pro Hibernia 'for life, for the Church of God and for Ireland'...
also have editorialized against the use of artificial contraception.