Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank the Deputy and colleagues for these amendments. As I outlined when discussing the first grouping, Deputies have proposed changing the definition of "termination of pregnancy" contained in the Bill to include the use of the term "abortion" or to refer instead to the ending of pregnancy using a medical or surgical procedure.

On the language used in the Bill, the 36th amendment of the Constitution inserted a new Article 40.3.3o, which reads: "Provision may be made by law for the regulation of termination of pregnancy." This Bill is the means by which the Oireachtas exercises its new constitutional authority. In this way, the Oireachtas is carrying out the will of the people as expressed in the result of the referendum. Using the language of the new article in the legislation seeks to give effect to the provisions and provides clarity and consistency in our law. By referring to "termination of pregnancy" rather than "abortion", the Bill seeks to maintain that consistency and avoid any potential doubt or unintended legal consequence that could flow from departing from that language.

This is not just a legal argument, although my legal concerns about changing the language are real and genuine. The wording of the definition has also been considered from a medical perspective with a view to ensuring clarity for medical practitioners practising in this field. I will reference a letter signed by many doctors that I know was sent to the committee last night. It makes a number of constructive suggestions about how to improve the legislation. I am sure that we will get to those. In section 2, it specifically states that the proposal in the published amendments to change the definition of "termination of pregnancy" from ending the life of the foetus to ending the pregnancy further reduces the clarity on the medical and surgical procedures that will be able to be legally practised by specialists. While I understand the good intention of the amendment, it is the view of the legal experts advising me and the view of the medical experts advising all of us that "end a pregnancy" does not provide the clarity for which our doctors are asking. In my conversations with medical practitioners, I have not been asked to change this definition because they believe it provides them with clarity.

I detested the language of the eighth amendment as well. That is why I was delighted to join with Deputy O'Reilly and others in asking the people of Ireland to remove the eighth amendment. Its language was the language of the unborn. It was not about rights, as the foetus has rights. Rather, it was about the rights of the unborn equalling the rights of the woman. The word "unborn" is different to the word "foetus" and "foetus" is a medical term.

The people of Ireland voted. The Deputy is right, in that we will all endeavour to interpret and put our slants on how they voted, but we know that they voted to repeal the eighth amendment. However, we also know that they voted to regulate the area. As the Supreme Court suggested there would be, there are still protections for the life of the foetus. The Bill is the only legislation in which reference to that life is made at all.

We all need to remember that outside of the circumstances regulated for in this Bill, the destruction of the life of the foetus will still be illegal, and, in my view should be. There are broad parameters for women in crisis pregnancies under the four headings. Reference to the life of the foetus is appropriate from a medical and legal point of view in respect of the balancing of rights. It is different from the language of the eighth amendment, which provided for an equal right to life of the unborn. While Deputies are doing this for a good reason and we are all eager to get this right and to make sure that we move away from the language of stigma that has dominated discussions in this area for 35 years, we have to take seriously both the medical and legal advice on amending this definition.