Dáil debates

Wednesday, 18 April 2012

Private Members' Business: Medical Treatment (Termination of Pregnancy in Case of Risk to Life of Pregnant Woman) Bill 2012: Second Stage

 

9:00 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)

I thank an Teachta Clare Daly for bringing forward this Private Members' Bill which deals with an extremely difficult issue for all concerned, particularly women faced with the situation the Bill is trying to deal with. There are strongly and sincerely held views on all sides of the Dáil, including within Sinn Féin, and across society on this issue. For my part, I am not in favour of abortion. That is my strongly held view. I am also strongly opposed to any attempt to criminalise or be judgmental of women who have had abortions. No woman wants to be in that position, but it is a reality faced by Irish women.

Irish women are citizens and, like all other Teachtaí Dála, I am here to serve citizens. As I am a legislator, I have to set aside my personal views and face up to my responsibilities. I have to deal with the dreadful reality, highlighted by pregnant women confronted with life-threatening conditions, who have had to cope with this awful dilemma. I have to deal with what is an untenable situation for the medical profession which has been tasked with making medical judgments without legal protection for medical practitioners. We have to ask ourselves, as elected representatives and legislators, if we really want to leave Irish women and members of the medical profession in the awful predicament caused by the absence of legislation. Can any of us even begin to understand or imagine how unfair and unjust this is for a woman or young girl?

The background to this debate is provided by the X case which provides some painful insights. It is also an indictment of the way the State treats women and children. Sinn Féin is not in favour of abortion. We believe all possible means of education and support services should be in place. However, in cases of rape, incest and sexual abuse, or in which a woman's life and mental health are at risk or in grave danger, Sinn Féin accepts that the final decision should rest with the woman concerned. It has analysed the Bill and a number of serious concerns have been raised about aspects of it. These include the issue of consent which needs to be discussed in some detail. I note the Minister's remarks on it. I have just returned to the Chamber having attended the funeral of Deputy Doherty's father in Donegal. Therefore, I have not had the chance to study the Minister's remarks in detail. I note, however, that he has raised issues in respect of this matter, as has our group.

The Government has stated its intention to bring forward its own legislation, but successive Governments have failed to deal with this issue for 20 years. In 2010 the European Court of Human Rights ruled that that the State had violated the rights of pregnant women by refusing to allow them to undergo a lawful abortion where that pregnancy could threaten their lives. Its decision has made it clear that there is an onus on the State to legislate within the terms of the 1937 Constitution for the decision in the X case. What is certain is that the time has come for legislation to protect in law the rights of women as decided by the Supreme Court in 1992. This should be done in a reasoned, tolerant and considered matter, with the maximum cross-party consensus.

In this spirit Sinn Féin believes the Bill should be allowed to proceed to Committee Stage where, as I said, it would need to be amended to deal with the concerns raised in our party. I take on board what the Minister said and will consider it overnight.

It is important we approach this issue in its broadest social context. The Government needs to examine whether its policies are pushing increasing numbers of women into positions of vulnerability. Poor health services and inadequate preventative health programmes will increase the likelihood that women will not know of critical health problems, including cancer, in advance of pregnancy.

Tackling violence against women and upholding the right of every woman and young girl to be free from violence and safe in their communities and in their own homes must be a priority. The Government has yet to sign the Council of Europe Convention on preventing and combating violence against women and domestic violence.

We need to ensure the State cares properly for vulnerable young people, including those in care, but it has failed miserly in this regard. On all of these issues this Dáil needs to stand up for and do what is right for Irish women.

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