Billy Kelleher (Cork North Central, Fianna Fail)
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Members may have varying views, but assuming that we go for repeal of the eight amendment, those views will come into play in considering the complexities associated with a real and substantial risk to the health of the mother and, as provided for in the Protection of Life During Pregnancy Act, to the life of the mother, including both her physical and mental health.

There is also the issue of gestational periods. They will all have to be decided on at some stage in the near future. I do not believe that as a committee or individuals we can deny the fact that we have listened to evidence where, for example, in the context of fatal foetal abnormality, it cannot be diagnosed in advance of 22 weeks. That case has been made to us by people who deal with the issue regularly. When we consider the entitlements that should be available to women, there should be a scan at 12 weeks and another at 22 weeks to detect anomalies. If we do not allow for termination beyond 22 weeks in a case of fatal foetal abnormality, when there would be a scan to identify and diagnose it, in the context of what they face, we would do a great disservice to a small cohort of women who receive a tragic diagnosis of a fatal foetal abnormality. I know that there are varying views on whether it can be diagnosed, but most of the evidence from the professionals suggests it can. Others make a legitimate point that it would be a slope towards the termination of pregnancies in cases involving varying forms of disability, but the committee must also confront and address this difficult issue.

In summary, we cannot continue to condemn and criminalise women for making the choice and force them to travel abroad because the option is not available to them here. Given the very tragic circumstances in some cases of fatal foetal abnormality and the horrendous and arduous journeys women face emotionally, psychologically and physically, we have to look at the issue in a sympathetic and human way.

There is another view which has been expressed at this committee and elsewhere and we owe it to the people to give them an opportunity to adjudicate on the issue. The committee will not make the decision on it. It will make some recommendation or express an opinion to the Dáil, but it will be the Government that will bring forward legislation that will reflect the debate at the committee and in the Dáil and it will be the people who will decide. The issue was first adjudicated on in 1983. Having regard to the numbers of women who have since had to travel abroad, there has been a change of view in Irish society on the issue. Primarily, we owe it to the women of the country to allow the people to have their say in an informed, a respectful and an intelligent debate on the substantive constitutional issue and the legislation that will flow from the decision of the people.

On whether we should publish legislation in tandem with it, it is important to note that any legislation that might be published would only be a guide. We would not be legally or duty bound to implement or pass that legislation. It should be borne in mind that there will be an election at some stage and that after most elections there is a different make-up in the Dáil. Every Oireachtas is entitled to change legislation and political parties and members of no political party are entitled to campaign and seek a mandate from the people on any platform. I am quite sure there will be people who will seek a platform to oppose the result of the referendum in the context of legislation that may flow from it, but on the issue of publishing legislation and saying definitively that it will be passed by the next Oireachtas, we have to be honest with the people and say it can only be seen as a guide. If the amendment is removed from the Constitution, we must be conscious that it will then be up to the Oireachtas to legislate and that from time to time its political make-up may change and that it may change its opinion and amend the legislation regularly. It will certainly become a political issue. Let us be very honest. Once the amendment is out of the Constitution, the issue will be fully in the political domain. We must all reflect on that fact.