Billy Kelleher (Cork North Central, Fianna Fail)

I will share time with Deputy Éamon Ó Cuív.

I welcome the opportunity to speak to the Bill which addresses the complex and sensitive issue of abortion. Despite having discussed the issue on a continuous basis, we have not yet arrived at decisions in the context of a legislative framework. I welcome the establishment of the expert group, an issue addressed previously in the context of our obligations arising from the rulings of the European Court of Human Rights in the A, B and C cases. The court, in its rulings, noted the burden the implementation of Article 40.3.3o would impose on the State and accepted that this would be a sensitive and complex task.

It is important in this debate to acknowledge the complexities of abortion and the diverse views on the issue in society and the Chamber. The views of those who hold a liberal view on abortion also differ, for example, on the issues of the right to the life of the mother and the child and fatal foetal abnormalities, an issue discussed earlier with a number of women in the audiovisual room. The women in question outlined the major challenges and difficulties they had experienced as a result of carrying babies who were not capable of living outside the womb. Several of those who spoke stated they did not want abortion on demand. It is important when we listen to lobby groups or take part in emotive, heart-rending discussions that we do not take the issue out of context or use it as leverage for a broader agenda.

The Bill has clearly been introduced on foot of the findings of the European Court of Human Rights. As the Minister noted, the legislation has deficiencies, may be at variance with Article 40.3.3o of the Constitution and could give rise to other legal difficulties. In 1983 the people decided by referendum to insert into the Constitution Article 40.3.3o which declares: "The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect and, as far as practicable, by its laws to vindicate that right". As the House is aware, no laws were ever enacted on foot of this amendment and the provision in the Offences Against the Person Act 1861 remain the basic law in relation to abortion. This has left open the possibility that Article 40.3.3o will have to be interpreted by the courts. Apart from the 1861 Act, there is no legislation which makes clear what is permissible under the law should there be a potential conflict between the right to life of the mother and that of the unborn.

In the X case of 1992 a majority of the Supreme Court members held that if it were established as a matter of probability that there was a real risk to the life, as distinct from the health, of the mother and that this real and substantiated risk could only be averted by the termination of the pregnancy, such a termination was lawful. The stated risk to the mother's life in this case arose because she had threatened to commit suicide if she had to continue with the pregnancy. The experience of the 1992 referendum shows the difficulty in providing in a relatively short constitutional provision for a clear prohibition on abortion, while ensuring there is no obstacle to pregnant women receiving all the care and treatment they need.

The stand-alone Bill introduced by the Technical Group does not give a balanced or effective legal response to the complex and legal issues which surround the protection of human life in pregnancy. We need to be sensible about this issue and avoid trying to score political points. This debate should be above party politics. We must await the report from the expert group before action is taken and, if possible, all-party support should be secured before legislation or referendums are proposed.

Some of the language used in the abortion debate is hurtful and inflammatory. Those who have had terminations are our mothers, daughters, sisters, nieces and neighbours and the language that is sometimes used can have a devastating impact on individuals. It behoves all of us, regardless of our view, to use moderate language in a fair and rational manner to convince others of the merits of our argument. Emotive language can have a destructive impact on those who have had a termination.

The issue of abortion has divided society. As Abraham Lincoln once said, a house divided will not stand. As a society, we have torn ourselves apart on the abortion issue on a number of occasions and we still have not enacted legislation on foot of three referendums on the issue. Tonight we are debating a Bill introduced by the Technical Group.

The expert group chaired by Mr. Justice Ryan includes a number of eminent individuals from the areas of obstetrics, psychiatry, general practice, law, policy, professional standards and midwifery. We should await the findings and recommendations of its report which will be published in July. At that point, we can have a fair and rational debate on all the issues involved and, I hope, arrive at a solution that will address the abortion issue which, as I noted, has been divisive, emotive and destructive at times during the years.

In the C case of 1997 the High Court accepted that where evidence had been given to the effect that the pregnant young woman involved might commit suicide unless allowed to terminate her pregnancy, there was a real and substantial risk to her life and such a termination was, therefore, a permissible medical treatment of her condition where this was the only way to avoid such a risk. At the time the Government decided to produce a Green Paper on abortion and this was published in September 1999. It was then considered by an all-party Oireachtas committee chaired by the late Brian Lenihan. More than 100,000 submissions were received by the committee which held hearings with various interested groups and published a report in November 2000. The evidence given to the committee by psychiatrists highlighted the great difficulty in assessing whether a threat of suicide would be carried out. This issue requires further discussion and clarity in the context of the Bill before the House.

Another referendum was held in 2001, during which we had debates about implantation, the morning after pill and the possibility of ruling out suicide as a reason to intervene, while allowing abortion in cases in which doctors would be required to intervene to save the life of the mother. We know the result of that referendum.

It has been noted that up to 12 women travel abroad daily for a termination. The all-party Oireachtas committee recommended the introduction of as many supports as possible for women involved in a crisis pregnancy. We have an obligation to ensure this recommendation is implemented, specifically in dealing with matters such as funding, contraception, education programmes in schools and universities and highlighting the various issues involved with a view to limiting the number of crisis pregnancies. While the committee's assessment in this matter was rather simple, it is an important recommendation which needs to be addressed. We should concentrate significant resources on the provision of sex education, advice on contraception and supports for women and girls who find themselves in a crisis pregnancy.

My party believes we should await the findings of the report of the expert group chaired by Mr. Justice Ryan which will be published in July. On foot of its findings, we can have a debate on the issues involved and come to a conclusion in order that we can move on and allow people to live in dignity and without fear.

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