Séamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I welcome the opportunity to speak on the report of the expert group. It is both a difficult and sensitive issue, with which we must deal with compassion and understanding. The issue must be dealt with urgently. We simply cannot continue to put women's lives at risk. We cannot have a situation where the medical profession is unclear as to the legal position of the professionals on this issue. This Government must take its responsibilities seriously and in my view legislate urgently on this matter.

We have been discussing this issue for 30 years, dating from the referendum on the right to life of the unborn.

The amendment was passed and is part of the Constitution as Article 40.3.3o. Some ten years later, in the Supreme Court case known as the X case, the court found a termination is lawful if, as a matter of probability, a woman faces a real and substantial risk to her life, including through suicide. The decision of the Supreme Court has been dealt with by the people on two occasions, in referendums in 1992 and 2002. The finding of the Supreme Court was endorsed by the public on both occasions.

The A, B and C v. Ireland case was heard in the European Court of Human Rights in 2010. That, and recent developments, led to the issue arising. The late Mr. Justice Niall McCarthy, in the Supreme Court case of 1992, said the delay was not just unfortunate but inexcusable. How much more inexcusable is it not to have dealt with the issue 20 years later? There are no further excuses for delay. The courts, including the European Court of Human Rights, dealt with the issue and the people have spoken on it on two occasions. Now we have the expert report. Six successive governments have failed to deal with it and this Oireachtas must deal with the issue.

I welcome the report, which is thorough and detailed on a sensitive issue. I compliment Mr. Justice Sean Ryan and the members of the expert group. It is a difficult area and the report refers to this where it states: "The reasons are not hard to understand. Intense ethical, religious, social, political and intimate personal issues coincide." There are opposing views but there is an absolute and significant majority in the middle ground in favour of legislating for the X case based on the finding of the Supreme Court. The terms of reference of the report are specific and deal with the A, B and C v. Ireland case with the X case in the background. Many people argue that other issues should have been included in the terms of reference, particularly in respect of fatal foetal abnormality and pregnancies arising from rape or incest. The report lists various options and comes down in favour of legislation and regulations.

With regard to legislation, the reports states: "The issue of how to provide for the X case has been considered by other bodies, who have all concluded that legislation ... is the most appropriate way in which to regulate access to lawful abortion in Ireland." The report refers to the advantages of the legislation and regulations option being that it fulfils the requirements of the judgment, provides for the appropriate checks and balances between the powers of the Legislature and the Executive and would be amenable to changes that may arise from clinical practice and scientific advances. It also refers to a range of other advantages to that option. It has been recommended in previous reports. It is past the time when the Oireachtas should deal with the issue and I hope legislation will be prepared and brought before us in the very near future.

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