Oireachtas Joint and Select Committees

Wednesday, 18 October 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Options for Constitutional Change

1:40 pm

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

I believed that I was coming to consider a procedural vote on what was then Deputy Kelleher's proposal that there be a deferral of any consideration of questions of a more substantial nature until the second module was out of the way. I understand why it can be necessary to have meetings in private session to allow people to, for example, avail of legal advice. Not everyone has the same legal background or knowledge or people may need issues clarified. Being able to do that in private session is every member's right. However, I do not feel in any way bound to communicate my views on procedures or otherwise in private session when those procedures are material to what is going on at this committee.

I have put it on the record in public, and will happily say it again now, that what has gone on here has been a farcical and cynical process for many reasons: a thorough preponderance of witnesses-invitees in favour of abortion; no time to question people properly; and no distinction in practice between supposed experts and advocates for abortion. To put the tin hat on it, we have moved to vote on proposing that the rights of the unborn be taken away to some extent or completely. That is the implication of what was voted for today. Not only did we do that without a debate among ourselves on its merits, but we did so without even listening to all of the invitees who were supposed to appear before us. That illustrates just how cynical what is happening is and it makes a nonsense of the Chairman's protestations in private and public that she would be open to considering inviting more witnesses. Presumably, there are people who may yet appear before the committee who propose that the retention of the status quois the only thing that would not substract from some people's human rights. All of that has been set at nought by the pre-emptive decision of this committee without a debate of the merits among ourselves - our only debates have been on procedures - and without hearing from other witnesses. It would be laughable if what was at stake was not the denial of the human rights of a whole section of our community.

I am disappointed by the two mainstream centrist parties in particular. In the case of Fianna Fáil, two members voted to take away in some shape or form the eighth amendment, which protects the human rights of the unborn as well as the mother, and two abstained. That is a million miles away from what the ordinary members of that party decided at their own Ard-Fheis last Saturday. In the case of Fine Gael, only one of its five committee members voted against substracting from the human rights of the unborn. That is a million miles away from where so many of the ordinary membership of that party is. It reminds me of the famous line from William Butler Yeats:

The best lack all conviction, while the worst

Are full of passionate intensity.

What is at stake is unprecedented, namely, the denial of human dignity, or respect for same, for a whole section of our community. We had a great tradition in this country. Please God, and regardless of whether people are persons of faith, I hope that the Irish people will vote to protect and include everyone in our society. What has been decided by the committee's majority tonight is a repudiation of that. It is shameful in terms of human rights and human dignity. This is a bad moment for respect for human dignity in these Houses. It may be happening downstairs in a quiet chamber with not many people listening in, but human rights are being denied in these Houses. Consider what those who fought for independence for and that the 1983 amendment was a beacon to the world. To have a denial of all of that without even a debate on the merits among members or hearing from all of the witnesses is cynical and tragic.

I do not know what we can do now. What the committee has done is create a situation in which every proposal is bad because it takes away respect for some people's human dignity and implies that some people will no longer have the protection of the law - vulnerable young babies, sick young babies, disabled young babies or perhaps just every young baby who is not wanted or for whom an abortion is sought. That is a tragic situation and a bad pass for the committee to have arrived at tonight. I deeply regret it. Many people in this country will regret what the committee has decided. Thankfully, the committee will not have the final say. Nor will the Dáil and Seanad. The great achievement of the eighth amendment was to take this issue away from judicial and parliamentary elites and give it to the people of Ireland. I hope that the Irish people will decide to be inclusive rather than exclusive of human dignity if and when this comes to a vote.

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