Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

I move amendment No. 147:

147. In page 15, to delete lines 32 to 35 and substitute the following:

“23. (1) Notwithstanding anything in this or any other enactment and notwithstanding any rule of law, or the terms of any oath or contract (whether of employment or otherwise), no healthcare worker or other person shall be under any obligation to carry out, or to make a certification in respect of, or to participate in carrying out or to make arrangements for the carrying out of, a termination of pregnancy in accordance with section 10, 12 or 13 to which that person has a conscientious objection.”.

Obviously, the Minister is quite comfortable in that he feels there is conscientious objection or freedom of conscience in the Bill as it stands. He knows there is conflict on that view not only in this Chamber but outside it among the medical professionals. This is not something that has been plucked out of the air. This is a real concern among many doctors, nurses, midwives, pharmacists and medical professionals who work in the hospitals. The centrality here is that this Bill seeks to bring in a law that allows for the ending of a human life. That is a very significant thing for anybody to be involved in. The referendum was dressed up as choice. If we are going to fulfil that promise of choice we would obviously make sure that nobody is forced into a situation where he or she has to facilitate or be involved in the ending of the life of a foetus.

Amendment No. 147 states that "no healthcare worker or other person shall be under any obligation to carry out, or to make a certification in respect of, or to participate in carrying out or to make arrangements for the carrying out of, a termination of pregnancy". That only relates to sections 10, 12 and 13, and it does not deal with the case where there is a significant threat to the health of the life of the mother.

There is a desire here not to consider international examples because every time we have suggested an international example we have been told we are special and we should just stick to the Irish situation. Our next door neighbour, the British, for example, have awful problems with this. They have a stronger freedom of conscience element within their legislation than we do. The freedom of conscience states that there is nothing in this Bill that will force anybody to carry out an abortion but it does not look beyond necessarily the horizon of this Bill and, therefore, there could be other contractual arrangements or other unforeseen consequences that forces an individual to participate.

This amendment also broadens out participation in an abortion rather than the narrow definition with which the Minister has identified. It reframes the section and, again, offers clarity. I was involved in the 2012-2013 abortion discussions and clarity was the goal and lack of clarity was the enemy with regard to that. The British, for example, are laden down with regular litigation involving the state because of certain individuals, healthcare workers, who are constantly battling, trying to protect their freedom of conscience.

The case of the Greater Glasgow Health Board v. Doogan and another is an example of this. New Zealand has come to the view it is important to have a gold standard with regard to freedom of conscience and the amendment emanates from its legislation, which states

Notwithstanding anything in any other enactment, or any rule of law, or the terms of any oath or of any contract (whether of employment or otherwise), no registered medical practitioner, registered nurse, or other person shall be under any obligation(a) To perform or assist in the performance of an abortion ...

New Zealand is a progressive western democracy where access is not sought to be denied to anybody yet it has managed to process this with an allowance for other individual human beings to have their own choice respected. I stated yesterday that the limits of my rights end when they start to infringe on the rights of someone else. I mentioned the 650 doctors who have said they will not participate in the process here.

Will I speak to the other amendments in the group now? I am happy to do so.