Dáil debates

Tuesday, 28 May 2013

4:10 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

As he requested, the hearings were temperate, considered and well-meaning from different perspectives. As the Deputy is aware, the Chairman of the committee does not prepare the Bill. The purpose of the hearings was to have reflection, analysis, views and a consideration of the heads of the Bill that were approved by Government. The heads of the Bill were based on a number of important principles, first, to provide legal clarity on the circumstances where a medical termination is possible where there is a real and substantial risk to the life as opposed to the health of the mother. That is required by the European Court of Human Rights' judgment in the A, B and C case. Second, the legislation, which is currently being prepared, will remain strictly within the parameters of the Constitution and the Supreme Court judgment in the X case. It will cover existing constitutional rights only, as I have said on many occasions, and it will not create any new rights. The third principle is that the equal right to life of the unborn will be upheld. The obligation on the medical profession to save both lives, where that is possible, is quite clear and will be confirmed. The medical termination of a pregnancy can only be permitted in situations where the doctors involved in the assessment process have unanimously certified that it is the only treatment that will save a woman's life by averting a real and substantial threat to her life. The fourth principle was that because of the subjective nature of the assessment of suicide risk, the legislation will provide for a demonstrably more rigorous process of assessment in such cases.

The Bill is now being worked upon and when it is prepared, the Minister for Health will bring it before the Government. Assuming the Government accepts it or changes it, it will then be sent off in the normal way to the committee for Committee Stage, which will be followed by Report and Final Stages. It will therefore stay within those parameters and principles only.

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