Áine Collins (Cork North West, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on an important Bill. There is no doubt that the legislation is the most difficult and contentious ever to be considered by the House. My colleagues in the Dáil and the Seanad would be much happier if it were not necessary to deal with the issue. However, our job is to legislate.

I am deeply saddened that it has taken us over 20 years to deal with the X case and that we had to be informed by the European Court of Human Rights to bring clarity. It is about time that it was dealt with.

In this case, on an issue that has already been decided by the interpretation of the Supreme Court and by the people in two referenda, it is important that we understand the current legal situation. As it stands, terminations are allowable in certain cases where the life of the mother is at risk.

The inclusion of suicide has been a big issue. However, the Supreme Court's interpretation of Article 40.3.3° of the Constitution considered that a real risk of suicide in extremely rare circumstances is a reason for a termination. That is the situation today, without any regulation or guidelines. The result of this is that doctors differ and, consequently, are unaware exactly when a termination can or cannot be carried out. This uncertain situation cannot be allowed to continue as it is about saving lives. The legislation that this House is now considering will put in place a process for a woman who finds herself in an extremely difficult situation where she feels her life is at risk and for the first time, there will be a procedure to ensure that a clinical diagnosis is reached and medical support provided by a psychiatrist. In the extremely rare cases where two psychiatrists and an obstetrician agree that a woman's life is at a substantial risk and that all other avenues have been exhausted, a termination may be approved in order to save her life. In the Constitution, as it stands, one doctor can diagnose a woman's termination where there is a threat of suicide as opposed to a risk and without further medical diagnosis. This legislation will make it a criminal offence for a person to intentionally destroy an unborn human life which can result in a prison sentence of up to 14 years. This legislation ensures there is a transparent process and, most important, the patient - in this case, a woman - will have the best care possible when in a very vulnerable place.

This legislation also brings clarity for the medical profession which is much needed where there is a physical illness during pregnancy and where the pregnant woman's life is at risk. An obstetrician now has clarity on what medical procedures can be carried out. This legislation also ensures that in the case of an emergency, medical procedures required to save a woman's life can now be carried out. This legislation is long overdue.

I believe that the passing of this legislation ensures clarity is brought to the Supreme Court's interpretation of the Constitution in the X case and we have a constitutional obligation to uphold the wishes of the people as expressed in a referendum. Equally, it is our obligation to respect and abide by the decisions of the Supreme Court as this is clearly laid out in the Constitution. We are also required to bring clarity by the European Court of Human Rights.

As a woman and a mother, it is important to me that a woman's life is always protected. Where a medical issue arises and there is a risk to a woman's life during pregnancy, the medical profession needs clarity. Often in these circumstances time is of the essence in saving and protecting lives.

Pregnancy is often taken for granted as a normal condition. Thankfully, most women have safe pregnancies and deliver healthy babies. However, for others this experience is very difficult and fraught with turmoil. An unplanned pregnancy is a very lonely place for any woman. Rape, incest, abnormalities and many other circumstances are not covered in this Bill. We need to look at how we support crisis pregnancies to give women the support they need in situations that are not covered by this legislation and that will be for another day and for the Irish people to decide.

The Minister for Health, Deputy James Reilly, the Attorney General and legal experts have made every effort to ensure that this legislation is robust and will stand up to Supreme Court scrutiny. We are acting strictly within the Constitution with this piece of legislation, ensuring that we save lives during pregnancy. As I stated on many occasions, I believe this is long overdue, it finally brings clarity and we are acting within the Constitution. I welcome the Bill. For all the reasons I have outlined, I will be supporting it.

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