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

I apologise for missing some of the presentations by members but I was speaking in the Dáil on a Private Members' motion. I will also put some matters on the record as well.

As a member of this committee representing a party with a vote of conscience on the matter, I speak in a personal capacity. We have full confidence in the workings of the committee and the adjudication by the Chairman. We could not express views that it was biased. Many of the groups brought in were professional bodies and they had an opinion recommending changes to the protection of life during pregnancy legislation and the Constitution. They expressed professional views and we cannot be held responsible for the views they expressed. They were invited here because of their professionalism. They came from some of the colleges and professional bodies that oversee gynaecologists, obstetricians, general practitioners, etc., and they all had views on these matters.

We have had many discussions on the substantive matter of the eighth amendment and what should be done with it. We were given much legal advice that has been gone through on a number of occasions. The issue around the eighth amendment must be the issue of repeal simpliciter. To put this in context, doing anything unless we want to retain the amendment would involve repeal. Obfuscating on that - looking to repeal and replace or amend - would limit our ability to change and legislate afterwards. A straight repeal of the eighth amendment is the most practical way to go about advancing this issue. I say this primarily because of the expert legal advice we have received and the opinions we have heard in public session.

Others may have varying views. However, I believe that in every other way it would tie the hands of the Oireachtas and I do not believe I could support going down the road towards entrenching legislation in the Constitution in the event that there is a referendum. Therefore, from my perspective, repeal simpliciter and legislate thereafter. The key issue in the context of legislation is to what stage in a pregnancy can a termination be allowed and in what circumstances can it occur. That is the challenge and there are varying views on it. I have always said there is a middle ground. Many would accept providing for termination in cases of incest, rape and fatal foetal abnormality, but legislating for it would be quite complex. How we would legislate for termination in cases involving rape would be exceptionally difficult. It would pose huge problems not necessarily for the committee but also for whoever was drafting legislation should the committee recommend repeal of the eighth amendment and legislating to deal with the issue in cases of rape.

When we consider the broader issues, we have to accept that we must have confidence and trust in the women and girls of this country. As a society, regardless of our views, we cannot continue to herd our problems to England or Holland. I am not necessarily comfortable with the concept of terminating a pregnancy, but the reality is that 5,000 terminations are carried out every year, with 3,500 to 3,600 being carried out in England and the rest in Ireland through the use of abortive tablets. That is the reality with which we are dealing. To continue to deny access to terminations in this country when we know that they are happening abroad is doing the women and girls of Ireland a huge disservice. We have to be mature enough to accept that it is an issue. To me, criminalising women is very distasteful and a scar and a blight on how we view women and girls.

I spoke about decriminalisation during the debate on the Protection of Life During Pregnancy Bill 2013. Criminalisation is wholly unacceptable because it can and does, as indicated in some of the evidence presented to the committee, discourage women from seeking medical attention or advice. A young girl could be criminalised and sentenced to 14 years in prison for taking abortion pills. We have to address the situation where a young girl is pregnant, frightened and alone not knowing where to turn when lying in her bed suffering from cramps after taking tablets and not being able to seek medical attention. The committee should recommend a change to the criminalisation element of the legislation in the Protection of Life During Pregnancy Act 2013, as constituted, and whatever legislation may be introduced following a repeal of the eight amendment.

How much time do I have left?