Jonathan O'Brien (Cork North Central, Sinn Fein)
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At the outset, I wish to commend you, Chairman, on your chairing of the committee. I thank all the witnesses, regardless of whether they had a particular viewpoint or no viewpoint and regardless of whether they were giving factual information to the committee. All of it was valuable in shaping my opinion and in respect of the outcomes of the committee.

Everyone has given a review of the committee's deliberations. It was my understanding that part of the public session today would involve outlining to the public how we will vote next week. We should do that. I do not want a situation next week whereby the committee is arguing about how to proceed. The whole point of today's meeting was to arrange that and, consequently, next week we could simply vote with little conversation. I will touch on that a little more.

Before I make some proposals in that regard I wish to make some further points. One relates to the issue of risk. Every medical expert we spoke to was firm in the belief that we cannot grade risk. That is the first think I took out of the committee. We cannot grade risk in terms of severe, serious or substantial. Indeed, any attempt to do so simply creates more issues than it resolves.

Another issue I took from the committee relates to fatal foetal abnormalities. It is an impossible task to try to draw up a list and it would be counterproductive as well. Any attempt to put a gestational time limit on fatal foetal abnormalities would be problematic as well. This was something the medical profession did not recommend. That was the second thing I took from the committee.

Another issue relates to the ground of rape and how difficult it may be to legislate for that. The contributions to the committee on the matter outlined how other countries have dealt with the matter by legislating for it in four possible ways. The first was a certification process undertaken by judges. The second was a certification process by law enforcement officials. The third was a certification process by the medical profession. The fourth was to have unrestricted access to termination up to 12 weeks. These were the four options presented to us in respect of how other countries have dealt with the matter. If we deal with the issue of decriminalisation, it would instantly remove two of those options, that is to say, a judicial certification process and reporting to law enforcement or An Garda Síochána. These options would be altogether counterproductive. That leaves two options for the committee to consider.

Another issue is the question of gestational periods. Let us consider the Citizens' Assembly recommendations on the issue of fatal foetal abnormalities. The recommendation of the Citizens' Assembly was that there would be no restriction as to gestational period. In other areas, the assembly looked at gestational periods and came to a view on it. The assembly members voted on these grounds and on what would be acceptable. Once the majority was in favour of accepting a particular ground as a ground for termination, the assembly members were given three options. The first was a period of up to 12 weeks' gestation only. The second was up to 22 weeks' gestation only. The third was no restriction as to gestational period. A forth options of no preference was offered as well.

We have discussed the matter. I believe it may be counterproductive to put in primary legislation a gestational period. It would be difficult to try to legislate for gestational periods. When we are looking at gestational periods for any ground for termination, those best placed to adjudicate are in the medical profession. I will propose, on behalf of ourselves, that we consider a fourth option for next week. My option is for the Oireachtas not to include gestational timeframes in primary legislation and for the matter to be dealt with through secondary legislation in consultation with the medical profession through their representative and regulatory bodies.

I believe there is an onus on politicians to recognise that we do not have the expertise to adjudicate on what appropriate gestational timeframes, if any, should be put in place. That should be a matter for the medical profession and the women of the country.