Dáil debates

Thursday, 6 December 2012

Report of the Expert Group on the Judgment in the A, B and C v. Ireland Case: Statements (Resumed)

 

4:25 pm

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I am trying to make the point as clearly as possible, if it is possible to state it clearly, that until such time as a decision is made on the broader issues, Members should not make it more convoluted by talking about issues for which they simply cannot legislate, even if people wished to so do, because the Constitution is quite clear, as is the interpretation in the X case judgment. Moreover, the cases that were taken to the European Court of Human Rights also vindicate that position regarding the interpretation of the X case and Article 40.3.3°. However, one interesting case, which has not been discussed, is the D case. Perhaps it should have been included in the terms of reference for the report under discussion but I believe it will engender further discussion in this debate. In the meantime however, Members should be responsive to the actual needs that are being called for and respectful of the fact that many people, both within and beyond this Chamber, have different and opposing views.

In this context, whatever position a person may have, I ask that the language be tempered. Many thousands of Irish women have gone and continue to go abroad and Members should be highly conscious of this when they speak on the issue of abortion. They should be conscious of this because they are our sisters, mothers, daughters and neighbours and one must be conscious of the use of language that is inflammatory, hurtful and destructive even if people hold strong views on the issue. While I can respect those views, people should be conscious of that. I also note that people on the other side sometimes have used highly intimidatory tactics but the Chamber itself should be a venue in which Members are allowed to reflect on and discuss this issue, while coming forward with proposals that can bring clarity to meet the needs of both the European Court of Human Rights judgment and the medical professionals who deal with the issue every day of the week.

Finally, it is of equal importance that the word goes out that Ireland has the best maternity services in the world, bar none, and it is very important that people have full confidence in that. I still believe there is a need for an independent inquiry into the death of Savita Halappanavar in Galway to satisfy her family and the broader public and to find out precisely what happened, why it happened and to ensure it will never happen again. In the meantime, people should not use these tragic circumstances to advance either side of the argument.

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