Joe Higgins (Dublin West, Socialist Party) | Oireachtas source

The presentation of the Medical Treatment (Termination of Pregnancy in Case of Risk to Life of Pregnant Woman) (No. 2) Bill 2012 is a call to action on an issue of crucial importance to women in this State. That action is needed to replace 20 years of inaction since the Supreme Court ruled that a pregnancy can be terminated legally when its continuation poses a threat to the life of the pregnant woman. The report of the expert group that was established to examine the implications of the European Court of Human Rights judgment of 2010 was published today. It should have been published when it was delivered to the Minister for Health two weeks ago. Instead, it was cynically leaked to the media in recent days. It is clear that the report favours legislation. Tonight, the House is dealing with draft legislation to deal with the issue. Those who are serious about advancing the needs of women in these circumstances should accept the legislation and move forward with it.

It is important that we deal with the issue now as a matter of urgency. The courts have spoken on the matter and found that termination is lawful where a woman faces a real and substantial risk to her life. On two occasions the public supported this view in referendums. The court case took place in 1992. The late Mr. Justice Niall McCarthy said at the time that the failure by the Legislature to enact the appropriate legislation was no longer just unfortunate, it was inexcusable. Some 20 years later it is much more than inexcusable that the legislation has not been placed on the Statute Book. There is no case for further delay. The Oireachtas must take its responsibility seriously and legislate on the basis of the Bill before the House.

The Bill would provide interim legislative arrangements, as required by the Council of Europe, for a termination of pregnancy where, as a matter of probability, there was a real and substantial risk to the life of a pregnant woman and make provision for the prevention of any curtailment, hindrance or preclusion of such treatment, again where there was a probability that the life of the mother was at risk. The legislation might need refinement, but that is something that could be done as it proceeded through the House, particularly on Committee Stage. There is no doubt that a majority are in favour of introducing such legislation. The Bill is in accordance with the view of the expert group, the report of which has been published today. I welcome the opportunity to speak on the Bill and affirm my support for it.

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