Joan Collins (Dublin South Central, People Before Profit Alliance) | Oireachtas source

I will follow on from what Deputy Clare Daly has said. A point that has been made many times needs to be registered in the Dáil. It is an absolute disgrace that the last six Governments have failed to legislate on the X case. This Government has not exactly been enthusiastic about introducing legislation. I believe the establishment of the expert group was a stalling measure. The Government's grudging acceptance of the need for action came about after a majority of the Irish people demanded action following the tragic death of a woman in Galway. We know that Irish society has changed dramatically in the last 20 years. Those attempting to stem the tide of a more liberal, more human, more secular and more tolerant society have to accept that we are in the 21st century.

This is the fourth time that a review group has called for legislation. As Deputy Clare Daly said, the Labour Party should take this opportunity to begin the legislative process. Many eminent doctors have stated clearly in recent weeks that legislation is needed. In a recent article, Dr. Peter Boylan made the point that doctors need to be able to say with confidence that they can intervene to save the life of a mother. If the current equivocal position is retained, doctors will continue to be in a difficult position when making 50:50 calls. Legislation is needed to protect doctors in such circumstances.

The claim that there is no need for any action because our maternity hospitals are among the safest in the world for women is true to a point. We have a very good record. Unfortunately, the anti-abortion lobby has been using very misleading figures on this and other issues. It persistently uses a CSO figure that underestimates by half the official maternal death rate. The figure in the Irish maternal death inquiry, which was funded by the HSE, is much more accurate. It is twice the size of the CSO figure. It is closer to the British figure at that point.

Anti-abortion groups have been deliberately trying to move the discussion away from the real issues by focusing on the issue of suicide and abortion. A perinatal psychiatrist, Dr. Anthony McCarthy, said clearly on the radio yesterday that when the risk of suicide is small, it is nonetheless real and must be addressed. The view of two eminent psychiatrists is that this is a very serious issue. We have to remember that this issue was at the core of the X case, which involved a 14 year old girl who had been raped and made pregnant. She was denied the right to travel to Britain for an abortion. That right was given on the basis of suicide. The Supreme Court, under pressure from a huge movement, took the Government of the day off the hook. Rather than acting by introducing legislation, two Governments attempted to overturn the Supreme Court decision by means of referendum. Both referendums were defeated when the people voted to uphold the Supreme Court decision in the X case.

An anti-abortion lobby group has tried to mislead people by arguing that having an abortion contributes to mental health problems. While this has nothing to do with the X case, I want to make an important point about it. A key conclusion of a comprehensive review that was commissioned by the UK Academy of Medical Royal Colleges last year was that the mental health outcome for women who have an abortion is the same as the outcome for those who go on to have a baby. When the American Psychological Association undertook a similar survey, it found no evidence that having a single abortion causes mental health problems. Unbiased reports, as opposed to those with a clear anti-abortion stance, have found there is no evidence that women who have had abortions are at increased risk of suicide. However, there is evidence that suicide is associated with unwanted pregnancies where abortion is not available.

I am proud to be associated with this Bill. Deputy Clare Daly has gone through it in detail. I will not repeat what she said. I remind Labour Party Deputies that this Bill proposes the abolition of section 58 of the Offences Against the Person Act 1861, which is one of the most draconian of the Victorian Acts. It provides that a woman who seeks to procure or bring on a miscarriage herself can be jailed for life, and that any person who assists in the procurement of a miscarriage can be jailed for up to five years. The same Act was repealed in India in 1971. It is mentioned in the report of the expert group:

The Court emphasised the legal uncertainty caused by current provisions arising from the fact that the 1861 Act had not been amended or clarified, following the adoption of Article 40.3.3° of the Constitution... The judgment stated that the criminal provisions still in force would have a significant chilling effect on both women and doctors during the medical consultation process because of the risk for both parties of criminal conviction and imprisonment.

It is important for the 1861 Act to be dealt with.

As I said, Irish society has changed fundamentally in recent years. The United Left Alliance is committed to campaigning alongside all of those who now support a position where issues relating to the health of women should not be matters for the Constitution, but matters to be discussed between women and their doctors. The evidence of a 2010 YouGov opinion poll is that 78% of respondents - almost eight out of ten - agreed that the termination of a pregnancy should be permitted if the pregnancy is the result of sexual abuse, rape or incest and 62% of respondents - almost two thirds - agreed that the termination of a pregnancy should be permitted if there is evidence of a profound foetal abnormality. We will be campaigning for the repeal of the Eighth Amendment to the Constitution. That is no justification for not taking immediate action at the end of this debate. As the Tánaiste has said, inaction is not an option. By voting in favour of this Bill, the House can start the legislative process. I hope Labour Party Deputies will support this Bill.

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