Dáil debates

Wednesday, 21 November 2012

Supreme Court Ruling in the X Case: Motion (Resumed) [Private Members]

 

7:50 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

It is most regrettable that an issue of trust and credibility arose about the HSE inquiry almost as soon as it was established. I do not question the credibility or integrity of any of those named on the initial inquiry panel. However, the now reversed decision to include three consultants from Galway University Hospital left the process open to doubt from the outset. Over and above that consideration, there is a need for an independent public inquiry, separate from the HSE investigation. Savita Halappanavar's family have expressed their lack of faith in the HSE inquiry. They have made the very valid point that if they had not spoken out and if there had not been a public outcry then even the HSE inquiry would not have been established. I believe we all know that. If it turns out, as it appears this evening, that the HSE inquiry does not have the co-operation of the family of Savita and access to her medical records, then it will be untenable and if it proceeds on that basis, it would have no credibility whatsoever.

One thing is certain, a way must be found to ascertain the facts speedily and with the full co-operation of Savita Halappanavar's husband and family and with fairness for all concerned – fairness for Savita, Praveen, the family, the hospital staff and for all pregnant women who use our health care system. There must be an independent public inquiry and it must be fully transparent. We need that decision now.

It has to be stressed that the experience of the vast majority of pregnant women in our health care system is positive and that this State is predominantly a safe place to give birth. No one who is calling for legal change denies that. However, the sad reality is that the legal ambiguity around this issue creates an area of danger to the lives of pregnant women and that danger – no matter how small the number of women who may encounter it – must be removed once and for all.

During the course of the Dáil debate on the Private Members' Bill to legislate in line with the X case judgment last April, the Minister for Health, Deputy James Reilly, stated: "I wish to meet our obligations, not simply to the European Union but more importantly to our citizens. The Government will take the correct action, based on the best advice available to it, to ensure no woman’s life is ever put in danger". That was last April. It is dreadful to contemplate that it has taken the death of a young woman in tragic circumstances to bring this issue back onto the political agenda. There is no excuse for delay. We have had 20 years of delay and prevarication. The issue can no longer be avoided.

Ideally we should all move forward together towards the legislation required. This should not be an issue of party political contention and conflict. We had more than enough of that in the past. We should certainly seek the maximum possible consensus in this Oireachtas and outside it, but ultimately it is the responsibility of Government to govern and that is what the motion before us asks this Government to do.

Let me restate that the Sinn Féin motion is not about abortion. We are not a pro-abortion party and I am not a pro-abortion Deputy. This motion is about protecting the life of pregnant women when that life is in real danger. It also seeks to give legal certainty to medical professionals. As a husband and a father of young daughters I do not want my loved ones to ever have to face what Savita Halappanavar has had to face or pay the tragic price that she has had to pay for the failures of successive governments to act.

Sinn Féin has brought forward this Dáil motion and has encouraged, in a measured and reasoned way, its acceptance. Most importantly, we have encouraged this Government to act and to fulfil its promises and responsibilities so that the appalling tragedy of the death of Savita Halappanavar will never happen again. I urge all Deputies to support the motion.

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