Gerry Adams (Louth, Sinn Fein) | Oireachtas source

Across this State and around the world, candle-light vigils and marches have taken place to mark the tragic death of Savita Halappanavar. These occasions are witness to the very genuine and deeply felt outpouring of sadness at the death of this young woman and her baby. I extend to Savita's husband, Praveen, and her family my sincere condolences. As Teachta McDonald has indicated, her death is a reminder of the failure of successive Governments and this Oireachtas to legislate and resolve the issue. Tá sé le tuiscint go bhfuil fearg mór faoi seo.

Sinn Féin believes there should be a full independent investigation into Savita's death.

The manner in which the HSE investigation was established and the initial inclusion of three members from University Hospital Galway, on whom I do not cast any aspersions, without the support of Savita's family was poorly judged. That this decision has been reversed is welcome but it has raised a serious concern about the judgment of the Government. It is crucial that every effort is made to reassure Savita's husband, Praveen, and both of their families and secure their co-operation. They need to be consulted rather than merely notified after decisions have been taken, and this needs to be done quickly.

A public debate is taking place and will continue until legislation is introduced. The expert group report should be released now in order that this debate can be fully informed. Sinn Féin has tabled this motion as our contribution to this essential debate.

Bad government is often a consequence of a bad Opposition, as people in this State who are living with the social and economic consequences of recent history, will know. Despite its flaws, Sinn Féin is determined to be a real and constructive Opposition that supports the Government when appropriate, provides positive alternative positions to those coming from the Government when necessary and puts forward policies in which we believe. In this context, we carefully considered the implications of the motion and crafted it very carefully to attract the widest possible consensus. I reject absolutely the crass party political accusations that our motion is opportunistic; it is nothing of the sort. I found the criticism made by the leadership of the Fianna Fáil Party particularly offensive given that it was in government for most of the past 20 years and its leader, Deputy Micheál Martin, was Minister for Health and Children for four of those years, during which time he did nothing. Instead of seeking to score points on such a serious issue, I urge all Deputies, the majority of whom have been measured and balanced in their response, to step back, set aside party politics, reflect carefully on what has occurred, examine the motion and support it as a genuine attempt to advance the introduction of legislation.

In shaping this motion Sinn Fein's focus was twofold. First, we set out to provide legislative protection for women whose lives are at risk during pregnancy and, second, we sought to ensure that clinicians have clear legal guidelines within which they can carry out their work. Tá a fhios agam go bhfuil a mhalairt de thuairimí laidre agus dáiríre ar fud shochaí na hÉireann faoi deireadh a chur le toircheas ar bhun liachta.

Sinn Féin is not in favour of abortion and I personally am not in favour of it. Notwithstanding my strongly held view on the issue, I am not mandated to come to the House to legislate for myself. The people spoke in a referendum and firmly placed responsibility on the Oireachtas to deal with this issue by means of legislation. In his remarks to the Dáil in April, the Minister for Health acknowledged that no action had been taken by six successive Governments and he did not want this Government to be the seventh. The Government needs to move beyond rhetoric on this issue. Sinn Féin has made its position absolutely clear, having debated it as recently as at our Ard-Fheis in May. We believe all possible means of education and support services should be put in place in order that the difficult choice to terminate a pregnancy can be avoided by as many women as possible. We are against any attempt to criminalise or to be judgmental of women who have had abortions. No woman wants to be in such a position.

I am very conscious that I am a man by accident of birth. However, this could have been my mother, wife, sister, aunt or any of my woman friends. Sinn Féin believes that in the case of rape, incest or sexual abuse or where a woman's life and mental health is at risk or in grave danger, the final decision rests with the woman. It is time for legislation to be enacted that will protect the rights of women, as decided by the Supreme Court in 1992. As legislators, Members of Sinn Féin stand ready to do this, which means facing up to the reality highlighted by pregnant women confronted with life-threatening illnesses who have to cope with this awful dilemma. Mar reachtóir, caithfidh mise déileáil leis an bhfíric go bhfuil ar an phroifisiún leighis measúnú sláinte a dhéanamh gan cosaint dlíthiúil do dhochtuirí. We must ask ourselves, as elected representatives and legislators, if we want to leave Irish women or the medical profession in the awful predicament caused by the current absence of legislation. I and my party do not wish to do so.

While the context for this debate is the death of Savita Halappanavar, the background is the X case. In 2010, the European Court of Human Rights ruled that this State violates the rights of pregnant women by refusing to allow them to receive a lawful termination when a pregnancy could threaten their life. The decision by the European court has made clear there is an onus on the State to legislate under the terms of the 1937 Constitution and the decision in the X case. The Government must respond to the Council of Europe on this issue by the end of the month. I call on it to produce and consult on its proposed response in a reasoned, tolerant and considered manner which secures maximum cross-party consensus.

Tá sé tábhachtach go rachaidh muid i ngleic leis an gceist seo sa chomhthéacs shóisialta. There is a concern that the Government will put this issue on the long finger, which must not be allowed to happen. There is a firm onus and responsibility on Members of this Oireachtas to ensure this generation of Irish women will not face the prospect of doing what many have had to do in recent days, namely, take to the streets. I urge Teachta Dalaí to consider their response to the motion carefully and vote in favour of it.

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