Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

I am pleased to speak on this legislation. In 1992, the Supreme Court found that the Constitution guaranteed a woman the right to terminate a pregnancy lawfully and within the State where there is a real and substantial risk to her life, including where that risk is the threat of suicide. Two referendums and a European Court of Human Rights judgment have copper-fastened this established constitutional right. The report of the expert group on the judgment in the case of A, B and C v. Ireland was published last November. It found that legislation and regulations in accordance with the X case would give constitutional, legal and procedurally sound effect to the European Court of Human Rights judgment. This approach, far from being a prescription for so-called abortion on demand, will underpin the extremely restrictive nature of the 1992 ruling in the X case to include suicide. Some people have sought and will continue to seek to undermine the need to include suicide. I have found many of the arguments they have put forward in this regard to be disrespectful to women. In some instances, they have been deeply hurtful. Many people have chosen to forget, or to omit to mention, that the Supreme Court ruled in 1992 that where the threat of suicide posed a real and substantial risk to the life of the woman, and where no other intervention could save her life, then a termination of the pregnancy is lawful. That was the case in 1992 and that is the case today.

It is worth remembering the precise circumstances of the X case, where a 14 year old child was raped and brutalised. That 14 year old child was pregnant and suicidal and the courts vindicated her right to terminate that pregnancy and not carry it to term. If we want to speak frankly in respect of people's position on this legislation, we have to go back to the specifics of the X case. I view it as a barbaric notion that a raped, brutalised, pregnant and suicidal child would be forced by the State to carry that pregnancy to term. That, for me, does not add up ethically or morally, and it does not add up legally, as we know given the Supreme Court has so judged.

I recognise that, for many, this debate is by definition a difficult one. There is a diversity of views which have been thoroughly aired in recent months and, indeed, years. That is legitimate and healthy. However, for over 21 years the Oireachtas failed in a basic duty to deliver legislation that provides clarity for medical practitioners and the necessary protections for pregnant women whose lives are at risk. Therefore, I welcome the introduction of the Bill. Successive Governments have failed our women on this issue and the body politic, in its entirety, has failed them. I commend Labour and Fine Gael for introducing this legislation and for ensuring adequate time for debate in advance of a final vote before the summer recess.

It is clear the vast majority of citizens want this legislation, although that does not mean they are, to use the term, "pro-abortion" or in favour of abortion. It is a simple recognition of the fact that in real-life situations where a woman's life is at risk, there is an expectation that interventions will be made to save that woman where all else has failed. I know it is difficult for some Members of the Oireachtas to hear the fact that the majority of people support this legislation. There is a minority view which is strongly and sincerely held, and I respect that, but we are, after all, a democracy. After a delay of 21 years and all of the heat and sometimes rancour that has surrounded this debate, I believe the democratic will of the people should be reflected in their democratic institutions.

Quite frankly, I fail to see any parallel between this legislation and the bank guarantee. In fact, I cannot imagine a more stark contrast. In the case of the bank guarantee, as instanced by Deputy Timmins, far-reaching and devastating decisions were made under a cloak of secrecy and in a rushed and pressurised manner. One could hardly say this is the case with this legislation. Far from it. In fact, it has been marked by delay and, I believe, cowardice of a monumental scale on behalf of the political establishment.

Many bodies, individuals and institutions outside of the world of politics have strong views on these matters. I am thinking in particular of religious institutions and the churches. I believe in a pluralist society. I believe in space for healthy debate and I absolutely respect the right, indeed the responsibility, of people from the churches to state their position and to lead a discussion among their congregations. However, I have to say that some of the remarks made by the Roman Catholic bishops have been factually inaccurate and most unhelpful. As an individual and as a practising Roman Catholic and regular mass-goer, I believe any threat to excommunicate members of the Roman Catholic church on the basis of their stance on this legislation to be utterly indefensible and oppressive.

The bishops say, and we hear some echoes of this argument in this Chamber, that the Government is under no obligation to legislate for the X case. That is simply wrong. We are legislators. We are elected to legislate not just for ourselves or on the basis of our personal dogma or ethos; we are elected to legislate on behalf of the people. We also have an ethical and moral responsibility to deliver legislation that supports and protects the constitutional rights of our people. This legislation is quite simply about recognising and setting up the constitutional right of a pregnant woman to have her life saved where her life is in jeopardy. It is as simple as that.

That is what is in train in the Oireachtas. We are legislating for the constitutional right of a woman to a termination where her life is at risk. The legislation reflects the restrictive nature of the Supreme Court judgment and subsequent referendums. It will not lead to a more permissive regime - that is simply not the case. Deeply questionable arguments and tactics have been employed in the course of this debate by some, and I am uncomfortable with that. It is simply untrue to say that the Government, or indeed any of us who want to see this legislation on the Statute Book, are not listening to those who oppose this Bill. I have listened very carefully and respectfully to the argument from the other side. Every hue of opinion and expertise has been given a full opportunity to come before the Oireachtas and its Members to argue their case, share their views and give professional opinions.

This is a democratic State. We are a democratic people. Our laws are shaped by our Constitution - the people's Constitution. The religious institutions, churches, interest groups and lobbies all have a crucial and valuable place in our society but, in the final analysis, it is we who are elected to the Oireachtas who are responsible for bringing forward our laws. As decided by the people, the courts interpret our Constitution, the Oireachtas delivers our legislation and the people elect us as legislators.

I welcome this legislation. Sinn Féin will be bringing forward some amendments but I believe this is a really positive day and a positive period for us in that, at last, we are simply doing what needs to be done to doubly ensure the lives of the small number of pregnant women who will sadly find themselves in a position where that precious life is imperilled.

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