Oireachtas Joint and Select Committees

Thursday, 10 January 2013

Joint Oireachtas Committee on Health and Children

Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland

12:50 pm

Ms Maria Steen:

I want to address briefly two questions that were raised. The first was by Deputy Mitchell O'Connor about the concerns raised by the master of the National Maternity Hospital. I have spoken to a number of legal colleagues about this, many of whom disagree with my views on abortion, but all of whom are ad idem about the fact that there is no legal reality to a prosecution being brought under the 1861 Act against a doctor who acts in good faith with the intention of saving the life of the mother.

There has never been a prosecution in living memory. While I said it is not necessary to amend the 1861 Act which is still in force in Britain, if it were thought necessary to allay the fears of the medical community then there could be the possibility of amending the Act with an addition to the effect that where a doctor acts in good faith with the intention of saving the life of the mother, under the Act it will explicitly state that he or she will not be guilty of an offence. What is very important also is that specific provision be made in protecting and vindicating the right to life of the child - the unborn life. If that is in any way helpful, that would be a suggestion that I would make.

Regarding the floodgates argument touched on by a number of speakers. I know Mr. David Manley and Ms Breda O'Brien discussed it but I wish to reiterate that while it is a concern, it is not a primary concern for those who hold pro-life views. What is of concern to those with pro-life views is the direct and intentional killing of an unborn child and the legislating for an unjust law. If a law is talking about taking the life of an innocent life, then that law needs to be justified. Currently, we can justify it under current medical practice where a doctor acts to save the life. However, if we are talking about enacting a law that directly and intentionally takes an innocent life, then it needs to be justified in stronger terms. I am personally against the death penalty. In some jurisdictions, it is justified on the basis that someone has done something so awful that they have lost their right to life. How can I agree with the idea of taking the life of an innocent child whose worst crime is its mere existence?

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