Catherine Murphy (Kildare North, Independent)

I congratulate Deputies Clare Daly, Joan Collins and Mick Wallace on bringing forward this Bill and opening up a debate on this very sensitive issue. They spent months carefully putting the legislation together, but would themselves accept it is not perfect. The whole purpose of having legislation pass through various Stages is to ensure the inevitable flaws are teased out and addressed. I have pointed out in the past that the same standard is expected of both Government and Opposition in bringing legislation forward, yet the former has access to the expertise available in the offices of the Chief State Solicitor and the Attorney General. I would contend that the defects in Opposition legislation can be remediated within the context of the various Stages through which Bills must pass.

Some speakers have described the Bill before us as premature, yet we have already had the 20th anniversary of the X case, in which time this Parliament has failed to place the judgment of the Supreme Court on a legislative basis. If we take our role as legislators seriously, we must do what is expected of us. Since the X case decision, abortion has been legal in circumstances where, as set out by the court, "it can be established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother, which can only be avoided by the termination of her pregnancy". The ratification of the eighth amendment to the Constitution in 1983 followed a very divisive debate in which abortion was presented as a black and white issue. That amendment stated:

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 defend and vindicate that right.

Enshrining this principle in the Constitution did not prevent large numbers of women annually from travelling to Britain for terminations.

It was not until the X case that it emerged that the right to travel was constitutionally dubious. That case involved a 14 year old girl who became pregnant as a result of a criminal offence and whose parents sought to bring her to England for a termination. The ensuing debate encouraged a less black and white position on the issue and the emergence of greater understanding of and compassion for women in such situations. The debate continues and was enhanced this week by the great bravery of the women who spoke openly about their very destructive experiences of having to travel abroad for an abortion in cases of fatal foetal abnormality. Their perspectives offer us a more nuanced understanding of the issues and are helping to shape public opinion. I recall Martyn Turner's cartoon in The Irish Times at the time of the X case showing a child holding a rag doll caged into a map of Ireland. The cartoon referred to the child as interned, which is essentially what it amounted to.

In 1992 three constitutional amendments were put to the people, two of which were passed. The X case and the subsequent C case generated considerable legal debate about the medical and psychological evidence relating to abortion. The continuing uncertainty regarding the precise legal position presents enormous difficulties for the medical profession and may lead to more cases coming before the courts. In 1995 and 1996 a constitutional review group chaired by Dr. T.K. Whitaker confirmed the need for legislation to clarify the circumstances in which abortions may legally be performed in the State. In the absence of legislative action we have given the responsibility in this matter to the courts at a time of crisis for the women concerned. In the X and C cases a 14 year old and 13 year old, respectively, were involved. We in this country are very good at ordering reviews, but reviews often do not produce results. We had a major constitutional review in the 1990s, which produced a Green Paper, but nothing happened as a consequence. Instead the issue is left to ebb and flow. The debates that preceded the establishment of those constitutional reviews and the debates that took place whenever a crisis emerged saw promises of action but no subsequent delivery.

The four women who told their stories this week were incredibly brave. A continuing dialogue on the issues they raised is very welcome in informing the debate on the matter. The Minister has stated his commitment that the Government will not fail to address this issue. However, the extent of polarisation on this issue between the two parties comprising the Government is evident. An opportunity existed to take this legislation and mould it on Committee Stage in a thoughtful way when Members had the time to so do. It could have been informed by the expert group, on completion of its deliberations, without the unnecessary delay that will now take place. Instead, what will happen is the expert group will make its report, after which there will be another debate. Moreover, I have heard this could be dealt with by some means other than legislation. At some point, however, Members must take responsibility for making the laws and for determining the sets of guidance to be given to the courts, even in this extremely limited fashion, and I accept this Bill does not go far enough.

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