James Browne (Wexford, Fianna Fail) | Oireachtas source

Deputy Rabbitte has said much of what I had intended to say. I have full faith in Senator Noone as Chairman. She is doing a very good job in what is probably the most difficult committee, in terms of topic at least, to be established in a long time. We will have a referendum next year, and that is right and proper. We now have pretty much three generations of people who have not had a say on this matter. The last time there was a fundamental decision on it was in 1983, and it is only right that people have a say. We need to remind ourselves that we are not changing the law here. We are going through the recommendations of the Citizens' Assembly and we will make a recommendation to the Dáil, which in turn will ultimately make a decision on the question that will go before the people, and the people will make the final decision. All we are doing is making a recommendation as to the question that should be put. I abstained because there is still evidence to be given that will help to inform my decision. The proposal put by Deputy Jonathan O'Brien was timely. It was not divisive in any way, and this was proven by the fact that 18 out of 20 people were able to take a position on it. I have not been able to do so yet but I reserve my right effectively to change my vote as time moves on if I so decide.

I will make a few points about my position. The criminalisation of someone who has an abortion is fundamentally wrong. I know this is not part of the referendum per sebut I think it is wrong. I will answer the question put earlier: no one should be imprisoned for having an abortion. Decriminalisation is different from legalisation, and that is an important point. I will make an observation on the evidence surrounding use of the abortion pill. It is effectively freely available. The safety of it is questionable only because of how it is sourced. It is effectively a disruptor, and people will have to consider that the evidence appears to show that one cannot enforce regulation to prevent an abortion at ten weeks' gestation or earlier. Everyone, no matter what side he or she is on, will have to take that into consideration because a law that is unenforceable needs to be very seriously considered.

I will make just one other observation. It concerns the second option, which is repeal based on published legislation entrenched in the Constitution. I practised law in the courts for 11 years. I have sat in on debates and legal argument that has lasted over an hour on the meaning of a comma, semicolon or colon and how it changes the meaning of a sentence. It is simply not practical to put detailed legislation into the Constitution. I think the unintended consequences to come out of that would be phenomenal. For this reason it is simply not practical. As I said, I reserve my position in respect of the actual question but that is where I am at present.