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 Tom HayesTom Hayes (Tipperary South, Fine Gael) | Oireachtas source

I am glad to have the opportunity to say a few words in this important discussion that allows Members to make a statement prior to the Government's decision in respect of the recommendations by the expert group. Members must be humane and open-minded with regard to their views and those of the public. Consensus is the element I believe Members must strive to achieve and if that takes longer then the time laid out by the Minister, then so be it. Time should not be an inhibiting factor in letting everyone get across their viewpoint in an open and honest way.

When dealing with what is an important and difficult subject, more time should be given, if necessary. As the Leas-Cheann Comhairle is aware, the issue is complex with medical, legal and ethical dimensions. It is extremely difficult to deal with all the issues involved and this is the reason I consider it to be important to provide time and space to allow for an informed debate on the matter. It is not helpful to have a discussion based on presumptions and the issue of presumptions relating to the area of suicide must be dealt with. I recognise the Minister for Health, Deputy Reilly, is a medical doctor of great experience. Members are fortunate to have a medical doctor dealing with this serious issue, with which I find it highly sensitive to deal and on which there are strongly-held views on opposing sides of the debate. I also recognise the Oireachtas cannot ignore its responsibility and that women and medical professionals in Ireland are entitled to legal clarity. Many people in the medical profession have told me in the past that they need legal clarity and they are entitled to that. Consequently, it is the duty of Members in the Oireachtas to provide such clarity as we live in an age in which litigation is widespread and is sometimes the order of the day. There may be a temptation on the part of the Government to shy away from controversial issues, which is understandable as it is impossible to meet everyone's expectations. However, this debate is not about populism or about pleasing people but pertains to recognising the duty of the Oireachtas to provide legal clarity.

I welcome the Government's commitment to allow Members to make statements no matter what their perspective and to set forward their views in an open and transparent manner. Many Members of this House have strong feelings in this regard and consider themselves to have a clear view. My views at all times have been anti-abortion. I am not in favour of a free-for-all or liberal abortion regime in our society and I hold this up as a principled stand I wish to declare and take on this issue. All Members have been forced to examine their views in recent times due to the tragic situation of Ms Savita Halappanavar in Galway and the publication of the report of the expert group on the judgment in the A, B and C v. Ireland case. The stark reality is that Ireland is in breach of the European Convention on Human Rights. While there are those who will state we are not compelled to legislate, I believe we must deal with the issue, due to the extraordinary level of public concern in respect of these issues.

I have confidence that my party colleagues in Cabinet, and indeed those of the Labour Party, will listen to the views of Members when coming to a decision regarding the expert group report. The Taoiseach and Deputy Reilly both have made it clear to Members that they will not allow for a liberal abortion regime in Ireland. I do not want a liberal abortion regime and that is a principled position I always have held. More importantly, I do not believe the people of Ireland want it either. I want to protect the life of a pregnant woman where life is threatened by the pregnancy and that is the issue here. This is about the health of a woman and that is the priority. While that may be a straightforward wish, I recognise there are legal and medical complexities involved in giving effect to it. I am neither a medical nor a legal expert but I am a legislator and believe I must face up to my responsibility in dealing with the report before the House. The Government has both the time and the access to national and international expertise to frame appropriate measures. The Medical Council guidelines must be adhered to and medical and legal experts must be involved. Members can work their way around to a position in which they can deal with this issue. They must do the right thing for the women of Ireland. Abortion on demand should not be allowed in this country. However, the life of the mother must be protected in all cases. I wish the Government well in this regard and I thank it for giving Members the opportunity to have this discussion. I again appeal to all sides in the House to try to achieve a consensus view based on the best medical practice and protecting the life of the mother and child. I am assured by what the Taoiseach has said on the matter and am confident the decisions the Cabinet ultimately will take will reflect the views of both the House and the vast majority of the people of Ireland.

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