Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I will not need much time because I will not repeat what has been said by other Deputies.

I am grateful for the opportunity to speak on one of the most important complex and sensitive issues in the State. We must try to grapple with this legislation and deal with it. I support my colleague. The speech made by the United States Secretary of State, Ms Hillary Clinton, today was illuminating. It clarified for me that women make up 50% of the population of the world and that we are able to be responsible. When one delegates to women and gives them responsibility and economic choices, we are able to stand up and be counted.

People have significant fears about abortion and our ability to destroy. On a very basic level, human beings are programmed to produce. We are not programmed to destroy. We are trying to be compassionate to the women of this country, and we can do it. If we legislate for the X case I do not believe the whole world will fall off its axis. We just need to get on with it.

The Government set up the expert group to examine the judgment of the European Court of Human Rights in the case of A, B and C v. Ireland. This followed a 20 year old judgment by the Supreme Court in the X case that termination in life threatening circumstances, including a risk of suicide, can be lawful. This was further upheld by two referendums. Despite the 1992 ruling, no legislation has been introduced to allow abortion to protect the mother's life.

The Government's commitment to this issue is clear and is reflected in the agreed programme for Government which committed to the establishment of the expert group to examine these issues and make recommendations to Government on how the matter should be properly addressed.

The Labour Party unanimously voted against two motions brought before the House this year which called for immediate legislation to be implemented in the light of the X case judgment. The expert group was made up of doctors, psychiatrists, the general practice and legal professions, and doctors in obstetrics. It was, therefore, inconceivable that legislation be enacted prior to the recommendations of the group.

Abortion is a sensitive, not to mention emotive, issue but it is also a female issue. I am not trying to disparage any of the sentiments expressed by our male colleagues on this issue. I find it hard to take, however, when men feel it incumbent on themselves to oppose a woman's right to a termination if or when her life is at risk. It is a position they will never have to deal with in the same way as a woman must. The House has only 15% female representation. If the situation were reversed in favour of women, would this legislation have been implemented years ago?

The expert group's report has been published and the legislation in question provides for the drafting of regulations to deal with the detail and practical matters relevant to the issue, such as changing medical practices and scientific advances, as well as addressing emerging challenges to implementation. Most aspects of the provision of lawful termination of pregnancy would be set out in primary legislation with certain operational matters delegated to the Minister to govern by way of regulation.

The Labour Party has had a long history on this issue. We have repeatedly outlined that we will not be part of the seventh Government in the history of the State not to act on the Supreme Court judgment of 1992. This is one of the most complex issues we will ever have to deal with. It is both medically and legally intricate. It does not fit easily into legislation. Other Bills in this area have been brought before the House. They were not appropriate nor were they fitting to form a legislative foundation around the issue. In fact, I question the bona fides of some of the Members who brought Bills before the House on this issue. If we are to legislate for the X case, we will require an overall majority. The Labour Party, although united in our stance on this issue, makes up 35% of the votes in the House. If and when we legislate for this case, it will not be the end of the world. It may even be the beginning for women.

It is incumbent on us to ensure that all the relevant facts and legal clarity on the issue are provided, based on the core principles of the expert report. I am neither pro-abortion nor pro-choice. I have been contacted by pro-life and pro-choice people. None of them was pro-abortion.

The women of this country who find themselves in a crisis situation, such as A, B and C, are not just statistics or fictional examples. They are real, rational human beings. They are our daughters, our nieces, our mothers, our sisters, friends and colleagues. Although I respect the views of those who are pro-life, I cannot help but wonder whether protecting the right of the unborn is obliterating the rights of the living.

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