Róisín Shortall (Dublin North West, Labour)

I thank Deputy Clare Daly and her colleagues for raising this very important matter and giving the Government the opportunity to restate its commitment to the expeditious implementation of the judgment of the European Court of Human Rights in the case of A, B and C v. Ireland. I also thank the Deputies on all sides of the House who have spoken on this issue for their thoughtful contributions. It is a measure of the maturity of this House that we have been able to engage in a debate which has largely been free of rancour. I commend Deputy Clare Daly for raising this matter and giving us the opportunity to discuss this critically important national issue with which - however late in the day - we are all trying to grapple.

As the Minister for Health stated, the Government shares the concern expressed by Deputy Clare Daly in the Bill that pregnant women whose lives are at risk can access appropriate medical treatment, including lawful termination of pregnancy. We have all been touched by the heartbreaking stories we have heard during the debate and that have been reported in the media in recent days and by the courage of the four women who have come forward with their stories. One can only imagine the sadness and sorrow they have experienced. As matters stand, however, their circumstances do not qualify them for a lawful termination of pregnancy in this country. This fact would not change, even if Deputy Clare Daly's Bill were to be enacted. This gives rise to a number of wider issues and challenges up to which we all must face. We must set about addressing these issues and challenges. The Bill does not do so and I am not sure whether what will emerge from the expert group will do so either. We must recognise, therefore, that the particular appalling circumstances the four women to whom I refer and many others have found themselves in must be addressed at all levels within society.

It is important to clarify that women in circumstances of the type under discussion are certainly entitled to a range of other services. I refer to appropriate post-abortion services and care. As stated in the Irish Medical Council's ethical guidelines, medical practitioners in Ireland have a duty to provide care, support and follow-up services for women who have abortions abroad. In addition, the HSE funds the provision of post-abortion medical check-up and counselling services. The executive has been rolling out a campaign to increase awareness among women that post-abortion services are available in Ireland. Such services have been available for a number of years. The abortion aftercare campaign which consists of targeted online and print advertisements encourages women who have had abortions to attend for post-abortion medical check-ups and also promotes the availability of free post-abortion counselling. I urge all women who have had terminations of pregnancy to avail of these services, to which they are entitled and which are provided free of charge.

As Deputies are aware, the risk of maternal death is the only ground for lawful termination of pregnancy in Ireland. In the X case ruling a majority of the members of the Supreme Court held that where it was established, as a matter of probability, that there was a real and substantial risk to the life, as distinct from the health, of the mother and that this real and substantial risk could be averted only by the termination of her pregnancy, such a termination was lawful. This risk to the life of the mother includes the risk of suicide. When, therefore, a termination of pregnancy is required as medical treatment to save a woman's life, it can be lawfully provided. In fact, the Irish Medical Council already has guidelines in place to this effect. They also make it clear that a risk to life includes a risk to the life of the mother arising from a threat of suicide.

The judgment of the European Court of Human Rights in the A, B and C v. Ireland case confirmed that Article 40.3.3o of the Constitution was in conformity with the European Convention on Human Rights. However, what the court found was that there was no accessible and effective procedure to enable a pregnant woman to establish whether she qualified for a lawful termination of pregnancy in accordance with Irish law. It ruled that "no criteria or procedures have been ... laid down in Irish law ... by which that risk is to be measured or determined, leading to uncertainty".

I agree with those who have been critical of the fact that, as a country, we have failed to address this issue. Many years have been lost with regard to the commitment to legislate for the judgment handed down in the X case. It is, however, quite unfair to criticise the Government for delaying matters, particularly as it has only been in office for just over one year. The expert group has been established. We have made it very clear that we want the expert group to report within the six-month period. As soon as that report is available, action will be taken to taken to legislate in accordance with its recommendations. I assure the House that there will be no further delay and as soon as the expert group reports at the end of June, the Government will be absolutely committed to taking action in the area.

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