Sandra McLellan (Cork East, Sinn Fein) | Oireachtas source

We are here to debate the Protection of Life During Pregnancy Bill and I will begin by noting the very apt and accurate title which it has been given because that is what we are debating, the protection of life, ensuring the joy of childbirth does not turn into tragedy, that the life of a woman is not lost, that a family does not lose a mother, a daughter, a sister, a wife or a partner, and that a community does not lose a neighbour.

My contribution comes primarily from that perspective. That is what this legislation is about, protecting women, although some have tried to change the nature of the debate, framing it in absolutist and extreme language.

I do not believe the Irish are interested in that kind of extreme language. I see this, simply as a matter of common decency. I believe it is necessary this legislation is brought in in order that our daughters would never face a threat to their lives simply because they are carrying a child.

This is a difficult issue. We have a long history of difficult debates on this topic in this State going back over many years. The tone has been more moderate and reasonable in that regard on this occasion. In particular, the hearings of the health committee were an invaluable initiative and added hugely to our knowledge and understanding. Much of the general public followed the debate, as the various experts, lawyers, doctors, psychiatrists and elected representatives exchanged views in a manner that, by and large, was respectful and considered. This is the way in which these Houses should do business far more often. While far too little legislation is debated and scrutinised properly, that cannot be said on this occasion. We have had a full debate and we are all the better for it.

On the whole, the public debate has been very informed and respectful also. The public is, by and large, always very respectful and very conscientious on all issues. However, we have seen some individuals and groups behave in a way which has done nothing to support their views and their objections. We have heard of politicians being threatened and intimidated. We have seen from persons of either opinion on this matter offensive and venomous attitudes.

Credit is due to those on both sides who have maintained civil debate. This is an issue about which many people are passionate. Many people are concerned and worried about it. They have put pressure on their Deputies which is legitimate, provided it is done in a civil manner. Deputies should hear and be responsive to the views of their constituents. Many Members have come under pressure to oppose this legislation and there is a vocal lobby against this legislation. Many have found themselves in a difficult position. However, we are legislators. No one said that our duty should be easy. We have a duty to legislate for this court case finding of 21 years ago. We have a duty under our Constitution, as per that case.

In 1992 and in 2001 the electorate in referenda rejected proposals to exclude the risk of suicide as a ground for lawful termination. The A, B and C case judgment in December 2010 underlined the need to legislate for the X case. The European Court of Human Rights stated there was "a striking discordance between the theoretical right to lawful abortion in Ireland on grounds of a relevant risk to a woman's life and the reality of its practical implementation". There is no question that we are legally, as well as morally, obliged to legislate for this. It is important to remember how we found ourselves under that obligation to legislate for that court case.

In that case, X was a 14 year old girl, a child, pregnant as a result of rape and suicidal. The State shamefully took an injunction to stop her from leaving the country for a termination of the pregnancy. Can we even begin to imagine the trauma that she must have faced, the mental anguish, the fear? I would not wish it on anyone, much less a child.

I know some are opposed to this legislation. Many of them do so because they have taken a conscientious decision. I respect that view and know they have not formed that view lightly. However, this is a democracy. I stand with most Irish citizens, in particular most Irish women, on this legislation, namely in favour of it. It is essential we make every effort to save both lives where possible. This legislation provides for that. I hope we will not see this legislation being used too often. I hope as few women as possible face the kind of medical situation where a termination is unavoidable and as few women as possible can see no other way out other than suicide or termination.

This legislation is about ensuring when clear and severe danger exists to the mother's life that we are in a position to help her and that medical practitioners do not feel that their hands are tied. It will ensure that if X came before a doctor today, 14 years old and scared, that the doctor would feel he or she could do what was possible to help without having to consult a lawyer.

It will mean if Savita Halappanavar were pregnant now in a hospital in Galway and her life was under threat, that her doctors would not feel restricted in what they could do to help her and ease her suffering. I accept we cannot be certain whether this legislation would have saved her life. However, it is clear the doctors in her case did feel restricted due to the doubt that is there. I sympathise with her husband, Praveen. Throughout his ordeal he has carried himself with extraordinary dignity. Let us do what we can to ensure his pain is not inflicted on another husband or partner.

There is, of course, a need for certain safeguards and protections to ensure the legislation is in line with the Constitution. I believe they have been built into the legislation. Equally, however, there is a concern as to how the sanctions contained in the Bill will affect women. Under section 22, the legislation allows for a maximum penalty of up to 14 years for women who have terminations outside the scope of this legislation. I have concerns as to the extent of this penalty. We are all familiar with cases in our own areas and constituencies of serious criminals and sexual offenders and persons guilty of similar weighty crimes getting sentences which are much less and often totally inadequate. It would be very unjust and disproportionate were a woman who, finding herself in a crisis situation and under severe mental pressure, were to be jailed for 14 years. None of us can put ourselves in such a situation. The law should show more concern and compassion to women who have, under severe pressure, taken such a decision rather than jailing them for 14 years. The provision is excessive.

Likewise, I have some concerns about sections 7 to 9, inclusive. The point again to be emphasised is that this legislation is not about women who simply want a termination. It is about women whose lives are under threat, whether by suicide or otherwise. These sections will affect women who are undergoing considerable pain and anguish. In some circumstances, they could put these women through yet another ordeal and further pressure. We should not force our women to jump through so many hoops to establish their mental state.

While of course there needs to be mental evaluation, there is also a point where we must trust our daughters and our sisters when they come forward and tell us that they are suicidal. Who are we to doubt them? While there must be some form of mental evaluation, we do need to be careful not to victimise them further and heap further mental strain on them. It is important to be compassionate in this legislation.

According to the World Health Organization, the right to health includes access to timely, acceptable, and affordable health care of appropriate quality. Clearly, if there is to be a right to a termination in the limited circumstances of this Bill, then it is essential that the right is accessible and practicable. I have some doubts as to whether that is the case as regards sections 7 to 9, inclusive.

I will be supporting this legislation because I want to ensure the lives of Irish women are protected and that we will not see families lose the women dear to them.

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