Catherine Murphy (Kildare North, Independent) | Oireachtas source

Earlier this year I supported Deputy Clare Daly's Bill set within the parameters of the X case. While the Bill had flaws, they could have been ironed out on Committee Stage and had that happened, I wonder if it might have prevented this terrible tragedy from occurring. If there is an equal right to life for both the mother and the unborn, then action is needed to give expression to this. I wish to stress the equal right to life as distinct from the health as the difficulty lies in where to draw that line. We cannot even seek out international best practice on this because it is widely acknowledged throughout the world that this is an extraordinarily difficult distinction to make. I could not find evidence in other countries where they made such a distinction between the life and the health of the mother. I believe we should not make that distinction. It is a medical rather than a political issue. However, at this point we have an obligation to legislate within the parameters set by eighth amendment to the Constitution and the Supreme Court judgment.

The European Court of Human rights has categorically concluded that it cannot be left in the hands of individual medical practitioners, guided only by Supreme Court judgments, to determine what does and does not constitute a probable, real and substantial risk to the life as distinct to the health of the mother. It is very unfair to put that responsibility on individual practitioners. The second issue is that the result will invariably give a wide variation of application and care.

The Offences against the Person Act 1861 is the law that currently governs the offence. It imposes penalties of penal servitude for life for women and a misdemeanour for the medical practitioner. There would potentially be serious other sanctions through the Medical Council up to and including a medical practitioner being struck off. There are very serious consequences. We are putting the patient and the medical practitioner in an impossible situation by, on the one hand, acknowledging the equal right to life and, on the other hand, objectively failing to create a mechanism by which that right might be vindicated. We need to have an open, honest and mature debate on the issue. I acknowledge there are strongly held views on both sides. If we are to have such a debate, the publication of the report of the expert group as quickly as possible is essential. It is also essential that any inquiries are seen to be independent, open and fair, and report in a timely way. Once they report there can be no delay in producing legislation and acting on a matter that should have been acted upon in the past 20 years.

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