Alan Farrell (Dublin North, Fine Gael) | Oireachtas source

I echo the sentiments of many of my colleagues who have spoken on this issue over the past number of days or hours and indeed in the debate over the previous two Private Members' Bills. Although these Bills were insufficient to deal with this issue, nonetheless we are discussing it in a broad sense. I would like to state initially that I am unapologetically pro-life but I also respect the law and the sentiments of the Irish people in the 1983 amendment to the Constitution and the X case judgment in 1992. What the Irish people want and what the Supreme Court ruled upon 20 years ago are clear and unambiguous. I do not think the opinions of people have changed that much although if one was to believe the recent polls, 85% of people want clarity on legislation relating to the X case and the C case that went to the European Court of Human Rights, upon whose judgment this debate is based.

The report of the expert group was predicated on the programme for Government and the decision of the European Court of Human Rights and not the tragic loss of life in Galway. Some have suggested that the timing is a bit peculiar in that the report happened to coincide with the release of information about the tragic death in Galway but nonetheless, here we are. It is timely for us to be having this debate some 20 months into the term of office of this Government. I have no doubt that both society and the medical profession require confidence, clarity and certainty as to what qualifies for a medical termination when the life, as opposed to health, of a woman is at risk. In providing that certainty, clarity and confidence to young women right across this State and particularly in Galway, it is very important that if legislation is chosen, we get it right.

I echo the sentiments of Deputy Creed in respect of the chronology the Government proposes to use in respect of this issue. It is better for us to have a wide-ranging debate in this House and the Oireachtas Committee on Health and Children followed by a decision by the Cabinet. We should get all interested parties to take part in that debate. It is not something on which I have stayed quiet. I articulated this point on a number of occasions. Although I changed my view on that a week ago, I have since reverted to the view echoed by a number of my colleagues on both sides of this House that we should have a very thorough and open debate with society in general on this issue. That can only occur if we invite interested groups to take part in a debate before the Oireachtas Committee on Health and Children.

No doubt both sides of this issue have very firm views, so much so that we have all received hundreds of telephone calls, postcards and e-mails. Indeed some of us have even been subjected to some pretty horrific photographs like the one I received this morning which was disguised as a Christmas card. My secretary opened it and I was also subjected to it.

I plead with those on both sides of the debate to desist from doing this. It is disgusting. As a legislator I understand people want to express their views, but neither my staff nor the staff of other Deputies and Senators should be subjected to horrific photographs.

The need for legal certainty and clarity for the medical profession is one of the two main issues in this debate. We do not want a scenario where doctors and consultants must consult the law prior to making a decision or providing medical treatment to a woman. This is why we must strike the right balance between the need for legislation and-or guidelines. We do not need another referendum on this issue, specifically on the X case. I would welcome a debate on whether we should legislate for cases of rape and incest, but like Deputy Creed I am not convinced the people would make a clear decision due to the very real difficulties and problems the country has with regard to the number of people committing suicide. This is an issue the House must deal with and attempt to assist those who find themselves under such severe constraints and personal difficulties that they would consider such a course of action.

If we are to believe the polls, 85% of people want action on the X case which would most likely include legislation. As a personal request, I would like the Cabinet to seriously consider repealing the 1861 Act which perhaps was correct when it was written because medical science was not as advanced as it is today, but we are a modern society in a modern world and we can and should ensure sufficient clarity for the medical profession and women throughout the State to know when they are legally entitled to a termination and when a termination is required for medical reasons.

Like the previous speaker I compliment the expert group, particularly Mr. Justice Seán Ryan, for the work done on behalf of the Houses of the Oireachtas and the Government. It provided everyone with a huge amount of information in a very clear and frank fashion. I also compliment the group on the manner in which the information was framed because not all of us have the benefit of a medical or legal education and the work the group did on our behalf is greatly appreciated.

If legislation and guidelines are the selected options, as I believe they most likely will be, I do not envy the Attorney General in striking the balance required to frame the legislation correctly to ensure the 85% of people who, if one believes the polls, want action on the X case will be happy while preventing what the overwhelming majority of people including me do not want to see, which is unfettered access to abortion on demand. I do not wish to ever legislate for this. I thank the Minister and the Government for the opportunity to discuss this matter.

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