Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on what is a very complex issue. It is evident that this debate, which has been ongoing since 1983, is one which divides the nation like few others. Since my election to Dáil Éireann I have not received as much correspondence on any other issue as this one. The labels of "pro-life" and "pro-choice" are regrettable and do not account for the complexity of the various issues and problems which can arise during pregnancy. I believe the vast majority of the people in this country do not wish to see abortion on demand. I do not and I feel it is important to state this.

I welcome the publication of the expert group report. The establishment of the group was a commitment given by the Government. The complexity, sensitivity and multifaceted nature of this issue demanded that it be properly examined which is why the expert group was established. Its purpose is not to direct Government policy but to assist by examining and analysing the facts to provide a series of recommendations which can then be considered, accepted and amended.

At the heart of the debate, but strangely not commented upon to any great extent, is our Constitution and respect for the primacy of law. In 1992, the Supreme Court, which is the chief interpreter of our Constitution, passed a judgment focusing on the inclusion of the risk of suicide under the definition of the risk to the life of the mother. Therefore, with this judgment it is clear the highest court in the land has interpreted our Constitution as permitting a termination when the life of the mother is endangered either through physical or mental health conditions.

As the expert group report notes, "The Supreme Court decided in 1992 Attorney General v X2 (the X case) that the Constitution permitted abortion in certain limited and particular circumstances, namely, where there was a real and substantial risk to the life of the woman which could only be removed by terminating the pregnancy". The reality is that this judgment has been ignored by several Governments, and as I have pointed out to people who have contacted me on this matter it is not at all healthy for a society's Government to ignore the courts. It shows a lack of regard and respect for the primacy of law which all right-thinking members of society will agree is a very necessary feature for any democracy. Other Governments attempted to mitigate the Supreme Court's decision through holding two referenda, which it must be emphasised were both rejected by the people of Ireland.

In A, B and C v. Ireland the European Court of Human Rights found that Article 8 of the European Convention had been violated because although our Constitution contains Article 40.3.3 there is no provision in Irish law to measure or determine the risk referred to in the X case. Therefore, in effect we have uncertainty, and uncertainty is the anti-hero of properly functioning legislation.

The recent, tragic events in Galway have exposed the uncertain environment which is operating.

I do not know the precise details of what happened in University Hospital Galway. Too many people have made assumptions on what went wrong. While not knowing where fault lies, it is important to note, for balance, that the hospital in which I was born, University Hospital Galway, formerly known as the regional, did not experience a single maternal mortality in years prior to the tragic death of Ms Halappanavar. In that time, my seven nephews and nieces were safely delivered, as were countless others.

What we do know for certain is that Ms Halappanavar died before her time and because of this, the need to investigate is paramount. It is only right that three investigations are under way, one each by Galway Roscommon University Hospital Group, the HSE and HIQA. I am confident these inquiries will determine precisely what happened at UHG which led to the tragedy. Furthermore, we must also note that the Minister, Deputy Reilly, has not ruled out a public inquiry. However, it is also important that the staff of UHG is not deprived natural justice. Much commentary in the media, and elsewhere, has been unfair speculation.

As with most other Fine Gael Deputies, I have received postcards on this issue containing a message, which reads: 'Without the right to life, all other rights are meaningless". I could not agree more with this statement, but I also believe that this statement applies to pregnant women as it does to unborn children. The task before us is to remedy the uncertainty which exists. The women of Ireland and the medical profession need to know where they stand in relation to the law. The opinions and views of the masters of the maternity hospitals must also be carefully considered as it is these men and women who are the front line of this issue. Above all, in addressing the complexities of this issue we must proceed carefully. This issue requires careful consideration because of the far-reaching consequences of any decisions taken which will undoubtedly be of a legal, medical, ethical and constitutional nature.

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