Tony McLoughlin (Sligo-North Leitrim, Fine Gael)

I oppose the Bill as set out by Deputy Clare Daly as I believe the fundamentals, even its Title, are flawed. The life of the mother already takes precedence in medicine, as, of course, it should. In Ireland, thankfully, we have one of the lowest maternal mortality rates in the world. Many of those who are pro-choice suggest young women who find themselves pregnant without adequate resources or the necessary support of a partner or family are vulnerable and at risk of taking their own lives. In the Bill, as presented, this is a reason to allow a termination with no regard for the views of a professional psychiatrist in determining the mental condition of the pregnant girl.

On 13 January the Government established an expert group to examine the judgment, as committed to in the action plan submitted to the Council of Europe Committee of Ministers in June 2011. The terms of reference have been set out clearly by the Government. The expert group will study the A, B and C v. Ireland judgment of the European Court of Human Rights and the implications for health care services to pregnant women and recommend options on how to implement the judgment taking into account all of the issues involved and the pressing need for action. Last June the Government was required to submit an action plan. This was done and it included the setting up of the aforementioned expert group. This was accepted by the court and a further report is due in October.

The programme for Government is committed to reaching all of the aforementioned stages and we await the recommendations to the Government on how the matter can be addressed properly. In the interim, the professional opinion of the doctor will determine whether there is a real and substantial risk to the life of the pregnant woman as distinct from her health. If such a risk can only be avoided by terminating the pregnancy, that is, meeting the X case criteria, a termination can lawfully occur. If the patient does not agree with her doctor's assessment, she is free to seek a second or subsequent medical opinion under Medical Council guidelines, or she could apply to the High Court for an order directing that the necessary treatment be provided. If a doctor refuses to provide necessary life-saving treatment, the applicant could, in the first instance, seek a second opinion for the immediate management of her concerns and, as a follow-up, bring a complaint against the doctor to the Medical Council.

No prosecutions under criminal provisions relating to abortion have taken place since at least 1975 when the Office of the Director of Public Prosecutions was established. While I agree the scenarios as outlined are not deemed acceptable by the European Court of Human Rights, they provide for what will happen in the interim. Deputy Clare Daly's Bill should be rejected by the House as it masquerades behind the risk to the life of the mother. It is really an attempt by the Socialist Party to introduce full-scale abortion on demand similar to the position in the United Kingdom. In fact, a recent press release by that party on its website reads:

But we believe that it is only a first step for abortion to be legalised in Ireland in all circumstances. We have waited long enough ... Over 100,000 Irish abortions have taken place in Britain for many different reasons, none of them easy, all of them valid.

I simply do not agree with or support this view. This country should not be influenced by the status quo in a neighbouring jurisdiction and amend or change its laws accordingly.

I look forward to seeing the report of Mr. Justice Ryan to the Government July next which will allow for an examination of this complex matter in the proper manner. No doubt the House will return to this subject after the summer.

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