Oireachtas Joint and Select Committees

Tuesday, 21 May 2013

Joint Oireachtas Committee on Health and Children

Heads of Protection of Life during Pregnancy Bill 2013: Public Hearings (Resumed)

3:05 pm

Ms Sunniva McDonagh:

Absolutely, of course it could be amended. All of these things can be amended or changed. One presumes that is why we have all been called to give our view.

Deputy Kelleher raised a question about abortion being a treatment for suicide. In response, in the penultimate paragraph in the explanatory memorandum to head 4 the framers state, "In circumstances where the unborn may be potentially viable outside the womb, doctors must make all efforts to sustain its life after delivery." However, it is not so much a matter of where in the Bill one finds that the unborn is going to be targeted. The question is where does one find in the heads of the Bill protection given to a foetus who is potentially viable outside the womb. By extension, I would say that one also has a difficulty in principle once it is acknowledged that there is a right to life once a foetus is viable. Where does one draw the line? Where does one draw the line if it is 20 weeks and some form of protective treatment can be put in place for four weeks? It is very difficult once the viability argument is conceded to see if there is not a principled argument throughout. Anyway, I do not see here any explicit protection for the unborn up until viability. Let us not forget the other related point that came up in respect of the definition of "unborn". One is unborn until one has proceeded fully from the womb, according to the explanatory section. That does not give any comfort if, in fact, the life of the unborn can be terminated.