Dáil debates

Wednesday, 26 June 2013

Protection of Life During Pregnancy Bill 2013: Second Stage (Resumed)

 

12:00 pm

Photo of John BrowneJohn Browne (Wexford, Fianna Fail) | Oireachtas source

I welcome the opportunity to say a few words on this Bill. Like the Ceann Comhairle, I was here in 1983, 1992 and 2002 when we had very emotive debates on all of these issues. As Deputy Ó Ríordáin has said, the debate on this occasion has been calmer and more reflective. More respect has been shown for the opinions of others than was shown in previous years. There certainly has been a change. As my party leader, Deputy Martin, has said, the Fianna Fáil Parliamentary Party had a very comprehensive and respectful discussion on this matter. Everyone's opinion was heard before we decided to give Deputies a free vote because we were unable to come to a consensual view on the Bill. The Fianna Fáil statement reiterated that "despite the different perspectives on elements of the Bill, the Parliamentary Party reaffirmed our commitment to protecting the lives of pregnant women in this country, expressed our ongoing commitment to Article 40.3.3° of Bunreacht na hÉireann and restated our determination not to seek party political advantage from this issue". I think that is the way it should be.

I fully support the case for medical intervention to save a woman's life in pregnancy. I think that is a given. Equally, every effort must be made to save the life of the unborn child. Like every other Deputy, I have been sent thousands of letters and cards on this issue and received very strong representations within my constituency. Most of them have expressed opposition to the inclusion of the element of suicide in this Bill. Some of them have expressed support for it. I believe I have fully informed myself of the concerns and issues regarding this complex and emotive issue. I watched most of the proceedings when the Joint Committee on Health and Children held hearings on this issue in January and in May. We heard much contradictory evidence during those hearings. It was very important to hear the diverse views of the medical and lay people who attended the meetings in question.

Ireland can be justly proud of its record in the field of maternal health care. It has been repeatedly recognised by the United Nations that Ireland is regarded as one of the safest places in which to give birth. That is a testimony to the great work of our doctors, nurses and the other people in our hospitals who do everything in their power to care for the mother and the child. We had a child born with spina bifida some 28 years ago. She was placed in an incubator at Crumlin hospital for many weeks because she was severely ill. We were always wondering whether she would survive. Happily, she did as a result of the wonderful care of the medical people and the nurses at Crumlin children's hospital. She went through mainstream education. Today she works, drives a car and involves herself in social activities as any normal child would do. I think every child has a right to life regardless of his or her medical condition at the time of birth. As I have said, great testimony is due to the doctors, nurses and others who work on a daily basis to ensure people who are born with disabilities are given every right to survive.

I have a major problem with the inclusion of the issue of suicide in this Bill. When I listened to the committee hearings, it was clear to me that medical experts on both sides of the debate accepted that abortion is not a cure for pregnant women with suicidal tendencies. The Taoiseach, who is entitled to his opinion, has made it clear on a number of occasions that "there is no change" in the abortion legislation as it applies in Ireland. However, I would like to quote from what a barrister, Paul Brady, said at the joint committee hearings. He stated:

It is clear that head 4 [abortion on the grounds of threatened suicide] marks a change in the law. It is not accurate to say otherwise. It creates, for the first time, a statutory basis in Irish law for what may be a direct and intentional termination of an unborn child's life.

Ms Sunniva McDonagh SC said:

What is proposed represents a significant change in medical practice. [F]or the first time in statutory provision it is being provided that the actual treatment is the termination of the pregnancy. The proposed treatment is, in fact, abortion.
Dr. John Sheehan of the Rotunda said:
If head 4 [termination on grounds of suicide] is enacted, psychiatrists will be asked to determine if there is a real and substantial risk to the life of the mother in order that she may procure a termination of pregnancy. This is a role in which Irish psychiatrists have not been involved to date. Many will not see this as their role as medical practitioners. The role could be construed as making psychiatrists the gatekeepers to abortion. Psychiatric practice relates to assessment and treatment of patients, not assessment and adjudication. Psychiatrists are not judges.
Obviously, there are very mixed views and concerns about the whole area of suicide. Many of the representations I have received in my own constituency and from across the country, from ordinary lay people and medical people, including nurses and others related to the provision of services for the mother and the unborn child, have questioned the area of suicide. Having read documentation from other countries, I believe no country or state, no matter how well-intentioned, has ever managed to restrict limited abortion legislation, especially on the grounds of suicide. For example, the Therapeutic Abortion Act in California was enacted in 1967 on strict grounds "where the mother was a danger to herself". The legislation included oversight by registered psychiatrists, yet within three years the number of abortions in the state had risen from 518 to over 63,000. Similar evidence exists from the UK, France, New Zealand and Chile, to name but a few.

I have never forced my opinion on anybody else. It is a personal opinion that I feel the suicide area should not be included and, for that reason, I have no option but to vote against the Bill. I support the majority of the areas in the Bill but the area that includes suicide will prevent me from supporting the Bill. Therefore, I will be voting differently from my leader, who outlined earlier today his reasons for voting for the Bill. As I said, it is a very emotive issue. It is an issue to which all of us have given serious consideration in recent months and, indeed, for many years. I listened to Deputy Aodhán Ó Ríordáin. I have never criticised Labour Party members for having their opinions on this issue. Every political party has its own views and concerns about this legislation going back over the past 20 or 25 years. It has not been easy to deal with. In 1992 and 2002, the public voted and there was a situation where those who were pro and those who were anti voted down those referendums.

I just want to make my personal opinions known in the House and to the people I represent. As I outlined, given the inclusion of suicide, unfortunately, I will not be able to support the Bill and I will be voting against the Bill.

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