Ms Ciara Staunton:

Deputy Kelleher's question was not addressed to me, but I would like to make a comment in response to it. When we are drafting the Bill, we will have to give consideration to cases which have not yet been litigated. The X case is the only exception we have at the moment. It is the only case that has actually been litigated. When this committee is drafting legislation, it has to be careful to take account of the cases we have discussed. We do not want to have to come back here again if another case reaches the Supreme Court. We do not want to have to wait for another 20 years for the introduction of legislation.

Deputy Ó Caoláin asked about the narrow suicide test. The test considers whether there is a real and substantial risk to the life of the woman. I mentioned suicide on its own simply because there is a fear that the floodgates will open. That fear is completely unfounded. It suggests that there will be some sort of collusion between the pregnant woman and the doctor. That is not the case. We trust our doctors in every other clinical judgment they make. We must continue to trust our doctors when it comes to the issue of abortion. It is very clear that a lawful abortion can take place only if the risk of suicide is linked to the pregnancy.

In response to Deputy Conway, I would like to say I believe we should repeal sections 58 and 59 of the 1861 Act because they are outdated. They do not take account of Article 40.3.3° or of the subsequent High Court and Supreme Court decisions. Furthermore, they do not make any reference to the right of the mother and the right of the unborn. The Act focuses on abortion. I say we should repeal it and replace it with something else. If the House wants to provide for criminal prosecution in the case of an unlawful abortion, that is fine and such a provision should be introduced. Any comprehensive legislation dealing with lawful and unlawful abortion should reflect Article 40.3.3°, the X case and any other issues the House might wish to discuss.

Deputy Healy asked about the current legal position. If there is a real and substantial risk to the life of a woman, she is entitled to a lawful abortion. It is irrelevant whether it is a medical risk or a suicidal risk. If the risk is directly related to the pregnancy, abortion is lawful in Ireland.

I wish to echo what Ms Schweppe said about the views set out in the expert report. Legislation, accompanied by regulations, should be introduced to give effect to those views. Guidelines simply do not work. They do not have the force of law. Doctors are under no obligation to follow them. Based on the Medical Council guidelines, there is no right to a lawful abortion if a woman needs it. The Medical Council guidelines currently state that doctors can perform abortions, but there is no right for a woman to have an abortion at the moment. Legislation will ensure that gap is overlooked.

I wholeheartedly echo what Ms Schweppe said about fatal foetal abnormalities. I will not comment further on that other than to say there is no right to life to vindicate if there is no possibility of the unborn producing a live birth. I believe abortion is lawful in such circumstances. However, if that child has the possibility of being alive even for a second, unfortunately a pregnant woman cannot have an abortion in that case. It is not about time, quantity or quality - it is about whether it is capable of being born. That is where the test should lie.

The Law Reform Commission recently published a report on the issue of children and consent. Its particular focus on people aged 15, 16 and 17 is very important when dealing with this matter. I recommend that the House should read and consider the report and proceed on the basis of the recommendations in it.