Professor William Binchy:

It is important to note that this is about remembering all human beings because if we forget that we are discussing all human beings, including unborn children, the debate becomes restricted to a narrow medical question, regardless of the wider issues. The basic question was whether we should legislate. I compliment Mrs. Justice McGuinness on her open and honest contribution. We should listen closely to what this former Supreme Court judge stated because she essentially confirms the argument being made by this side of the argument, namely, that legislation is not necessary and that the Legislature has not been in breach of the Constitution since 1992 in not legislating. I suggest that to legislate now on the basis of the X decision, which was based on absolutely discredited medical and scientific evidence, would be wrong.

When one considers the totality of the contributions of the speakers today, they support the argument we have been making. They have been met by silence from the Government, except for one rhetorical statement that nothing has changed and one need not worry. We have put the argument that this legislation extends throughout pregnancy and Mrs. Justice McGuinness has not contradicted that position. It is interesting to show the dilemma in which the Government finds itself if it is seeking to legislate in accordance with the X case. Mrs. Justice McGuinness stated that, in the term limit area, the Oireachtas might consider "having a go" - that was the expression she used - at putting forward legislation with term limits and see how it goes with the Supreme Court. I suggest a more radical course of action, namely, Members should have a go and, if they believe it is appropriate, introduce legislation dealing with the medical matters. These are matters of no dispute in the country and the Bill, as it is addressed in heads 2 and 3, does not give any specificity in regard to medical matters. These are areas of complete non-controversy. The single area of controversy is the suicidal ideation ground in head 4. In this context, to introduce that legislation would be a complete abnegation of the responsibility of the Legislature to protect the lives of human beings in this country. This is an important point. In recent years, the issue of principle has been one that has come before Members. It is of great significance but that does not mean abortion is the most important issue in the world - of course that is not the case. There are many issues of social justice that are hugely pressing. However, underlying this proposed legislation is a principle which contradicts the fundamental basis on which the Constitution is based, namely, respect for every human being.