Dáil debates

Wednesday, 28 November 2012

Medical Treatment (Termination of Pregnancy in Case of Risk to Life of Pregnant Woman) (No. 2) Bill 2012: Second Stage (Resumed) [Private Members]

 

7:00 pm

Photo of Liam TwomeyLiam Twomey (Wexford, Fine Gael) | Oireachtas source

I ask Deputy Clare Daly to withdraw the Bill in order that we can have a proper Second Stage debate on the matter because many other issues have not been covered, nor could they be in such a short space of time. It is clear to everybody that Medical Council guidelines are inadequate to provide legal protection for doctors and women in terms of the security and confidence in the health care system that they need. This was pointed out last night in reference to the 1861 Act. On this issue alone, legislating becomes very urgent in order to protect patients and doctors. The guidelines do not provide enough protection.

I refer to the report of the expert group which deals exclusively with Article 40.3.30 and the Supreme Court's interpretation in the X case. It held that a termination of pregnancy was permissable if it was established as a matter of probability that there was a real and substantial risk to the life of the mother and that this risk could be averted only by the termination of her pregnancy. The entire debate boils down to one very simple question. Do we believe the risk of suicide by the mother is a real and substantial one which can only be averted by the termination of her pregnancy? If we believe the risk of suicide is real and substantial, we have to legislate and must decide how doctors measure that risk and the type of legislation we will need in measuring it. This will be a little more complex than what is presented in the Bill. We will have to decide who has the authority to decide there is a real and substantial risk to the life of the mother before a termination can be carried out.

When we present legislation, we must also allow for the fact that in years to come international research may show that there is not a real and substantial risk of suicide by a woman who is pregnant.

Matters of this nature must be taken into account. Depression is more common in pregnant women but international research to date shows that the risk of suicide is lower. I am not stating that suicide does not happen, it is merely that the risk of it occurring is lower. These are the complexities which must be taken into account.

Constitutional referenda would be required before many of the considerations relating to termination which have been raised during the debate could be dealt with. In such circumstances, I request that the Bill be withdrawn so that we might engage in a broader debate on the matter we are discussing right now. What is involved may seem quite narrow but there are many issues involved.

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