Denis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

I move amendment No. 6:

In page 6, lines 30 and 31, to delete “as far as practicable”.

This is the only amendment in the grouping in my name, the rest being in the name of Deputy Billy Kelleher. This amendment tries to address the issue of potential late-term abortions. It is not the intention of the Government to provide legislation that facilitates late-term abortions. Everyone is in agreement with it and no one is in dispute. The difficulty is that the way the legislation was drafted means only the Medical Council prohibits late-term abortions taking place. Naturally, the rules and regulations of the Medical Council can change and have changed over time. Dr. Sam Coulter-Smith provided evidence to this committee on the point that there is no gestational limit. The Government has made the argument that it cannot legally include a gestational limit based on the X case determination. I am including an amendment to the definition, in respect of reasonable opinion, that deletes "as far as practicable".

I can provide a potential example, which I outlined on Second Stage. A woman is suicidal because she has a foetus with a serious abnormality and a limited lifespan following birth. If the woman, who does not have an underlying mental health issue, goes to a psychiatrist and says she is suicidal and does not want to give birth to the baby and that the possibility of giving birth to a baby with a limited lifespan is causing her suicidal ideation, the only way to fulfil the needs of this woman, who does not want to give birth, is to ensure the foetus is not viable in utero. This is especially the case if we are talking about late-term pregnancy. Foetal abnormalities are usually identified in the third trimester when they are on the cusp of viability or are viable. The definition of reasonable opinion, as currently drafted, allows for the foetus to be terminated in utero so that the foetus is not born alive because "as far as practicable" is included in the definition. The consultant psychiatrist can say that it is not practicable to give birth to this foetus because, on its birth, that will be the reason for the suicidal ideation. I am trying to provide clarity.

The heads of the Bill state:

This emphasis on preserving unborn human life as far as practicable governs the actual medical procedure – the termination of pregnancy only and not whether there is a real and substantial risk to the life of the mother. In circumstances where the unborn may be potentially viable outside the womb, doctors must make all efforts to sustain its life after delivery. However, that requirement does not go so far as to oblige a medical practitioner to disregard a real and substantial risk to the life of the woman on the basis that it will result in the death of the unborn.

There is a need for clarity on the definition of unborn. If the words "as far as practicable" are left in legislation, there is a risk it could allow for late-term abortions. If the Minister has another mechanism to deal with it, I am happy to deal with it in that way. The difficulty is that it is a problem as currently drafted and it must be addressed.