Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I welcome the witnesses. We are dealing with the fall-out from the X case on foot of Article 40.3.3°. As such, our deliberations in terms of what the Legislature can or is willing to do are confined. Those questions will have to be decided by Members of the Oireachtas following the introduction of legislation from Government.

On Article 40.3.3°, I assume the organisations accept that it is too restrictive and that its interpretation in the context of the X case means there will be, if Government legislates on this matter, only a limited number of abortions carried out in Ireland. It has been mentioned that in order to save the life of a mother up to 30 abortions per year are carried out in Irish hospitals. As such, the enactment of legislation as envisaged by Government will not result in any major change in terms of the numbers of abortions carried out in this jurisdiction.

On the broader issue of suicide, on which we have had much deliberation, views have been expressed by both members of the committee and witnesses that there is a concern about the interpretation of the threat to the life of the mother due to suicide. Psychiatrists have appeared before the committee who have clearly expressed the view that there is an ability by clinicians to assess the likelihood of suicide ideation. Equally, other psychiatrists have told the committee that it is not possible to do it with any degree of certainty. We must also listen to that view.

Even if we pass legislation there will still be more than 4,000 Irish women going abroad every year for an abortion. On the broader policy issue, is there any form of follow-up support to meet the needs of women who have had a termination outside this country in terms of after-care and health care, both physical and psychological? Regardless of what happens with this legislation, there will still be the issue every day of Irish women travelling abroad for abortion and returning here. Are there mechanisms in place, or should further mechanisms be put in place, to assist women who return to this jurisdiction after termination with both physical and psychological after-care? That question is on actual policy.

We are confined in what can be done. Some people welcome that because not everybody agrees that there should be a more liberal abortion regime in this country. However, there is an obligation on us to provide clarity for the medical professionals and women when women's lives are at risk. That is something on which all members of the committee agree. Repealing sections 58 and 59 of the Offences Against the Person Act 1861 would clearly take away the chill effect for clinicians in carrying out their duties, but I assume there would also have to be sanction to ensure there would not be backstreet abortions or other types of illegal abortion being carried out in the State. There should still be criminal sanction to ensure that abortions are carried out only in specialist hospitals by suitably qualified people.