Simon Harris (Wicklow, Fine Gael)
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I thank Deputies O'Reilly, Joan Collins and others for tabling the amendment. I understand what they are trying to do. I also voted for access. We all voted for access to a service that is not currently available to women who have to travel as a result. I include in that regard the nine women who will travel and the three women who will access the abortion pill today. Those of us who voted to repeal the eighth amendment in such large numbers voted for access and I fully accept that. The Bill is entirely about access. It is about ensuring that, within the regulated parameters the Oireachtas put in place and published in a general scheme before the referendum was held, access to the relevant services can now be facilitated. That is the very reason we are trying to pass the Bill, which will enable women to have access to termination of pregnancy services in a safe manner in their own communities and free of charge as part of the universal Irish public health service. The key provisions of the Bill are the same as those of the draft general scheme that was published prior to the referendum and the updated scheme published in July.

The legislation provides for terminations to be carried out in cases where there is a risk of serious harm to the health of the pregnant woman or where there is a condition present that is likely to lead to the death of the foetus either before or within 28 days of birth, and without specific indication up to 12 weeks. The Title to the Bill has been drafted to reflect the language used in the Thirty-sixth Amendment of the Constitution Act 2018, which amended the Constitution in order that provision may be made in law for the regulation of termination of pregnancy. The Health (Regulation of Termination of Pregnancy) Bill we are debating is the means by which the Oireachtas will now use its new constitutional authority under the provision. Using the language of the new Article 40.3.3° in the legislation that seeks to give effect to the provision provides the necessary consistency and clarity in our law. Similarly, the Long Title has also been worded by the drafters to reflect the provisions and the purpose of the Bill. This is a technical legal Title. I accept that Deputy O'Reilly has said quite simply that she does not envisage it in any way changing the substance of the Bill. I very much accept that argument. I appreciate her intention in trying to change the wording but to do so would not be in line with the legal requirements and the advice I have received on the importance of keeping the Title to the Bill consistent with the wording in the Constitution.