Dáil debates

Monday, 1 July 2013

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

 

7:30 pm

Photo of Pat DeeringPat Deering (Carlow-Kilkenny, Fine Gael) | Oireachtas source

First, I thank the Leas-Cheann Comhairle for giving me an opportunity to speak on this issue. It is important that all Members get an opportunity to explain their position on the matter. In speaking on this Bill, I am highly conscious that this issue has divided Irish society over the past three decades. It is a highly sensitive, emotive and difficult issue for each Member present. At the outset, it is important to recall what is the main purpose of the Protection of Life During Pregnancy Bill 2013. Its main purpose is to restate the general prohibition of abortion in Ireland, which all Members obviously will welcome, and to regulate access to lawful termination of pregnancy in accordance with the X case and the judgment of the European Court of Human Rights in the A, B and C v. Ireland case. It proposes to confer procedural rights on a woman who believes she has a life-threatening condition, in order that she can have certainty as to whether she requires this termination. It also is important to point out that nothing new is being introduced here and it is strictly within the Constitution.

In discussing this issue, Members must not lose sight of two very important issues that have been the subject of very little discussion in this debate thus far. First, approximately 30 terminations take place in Irish hospitals annually without any regulation and this is now being restricted. The fact that women with an issue can enter a hospital and can avail of a termination without regulation or protection is an important point to bear in mind. Second, approximately 3,000 women travel abroad each year and as my colleague, Deputy Twomey has noted, there is doublespeak in this regard. In some cases, the terminations take place in back-street clinics without any regulation and in some cases, they have a detrimental effect on the women's health thereafter. It is for these two reasons that I believe the Bill deserves support because of the protection it gives to women during pregnancy.

As I already have stated, approximately 30 terminations take place in Irish maternity hospitals each year without any regulations. It is for this reason that Members must ensure legislation is put in place to protect the mother and medical professions. At the same time, Members must ensure it is highly restrictive. It must be so restrictive that it ensures the so-called floodgates are not opened. In this case, I believe the Minister for Health has achieved the required securities in this Bill under the three headings in Chapter 1, sections 7, 8 and 9. In section 7, which provides for a risk to life from a physical illness, two medical practitioners will be required to examine a pregnant woman and certify, in good faith, there is a real and substantial risk of life and the only way this can be avoided is by carrying out a procedure. In section 8, where there is the risk of life from a physical illness in an emergency situation, one medical practitioner's assessment will be required. This provision is completely new. Obviously, sections 7 and 8 are the two straightforward sections, while section 9 contains the provision that creates difficulty for all Members. However, under section 9, which deals with a risk from suicide, three medical practitioners will be required, namely, an obstetrician and two psychiatrists and the fact they will be obliged to decide unanimously to agree restricts this provision greatly. It is so restrictive that I believe what will actually happen in this case is that a pregnant lady will end up making a decision to take the aeroplane or boat abroad to have a termination, rather than putting herself before a board to be assessed. On Committee Stage, Members must ensure that all anomalies within the Bill are addressed to ensure the so-called floodgates, if they exist, remain closed.

The other element in the Bill I wish to mention is the notification stage and I refer to the point I mentioned earlier regarding the 30 terminations that take place annually in hospitals around the country without any regulation, without anyone being notified, with no one knowing precisely what happens or to whom and without the Minister being notified. I welcome this provision in the Bill, which states that not later than 28 days after a medical procedure having been carried out, the appropriate information must be forwarded to the Minister. As Members are aware, this information is to include the Medical Council registration number attached to the medical practitioner who carried out the medical procedure, whether the procedure was carried out under section 7, section 8 or section 9, as well as the location of the procedure. While this reporting mechanism is welcome, I seek an opportunity whereby there can be a meaningful review on an annual basis to ensure that no abuses take place and this might be addressed on Committee Stage.

In conclusion, this is an issue I did not address earlier during the debate in January and I was not involved in detail at the different hearings but only from a distance. However, after much consideration - like my colleagues who spoke previously, I also have a conscience - and as a practising Catholic who would consider himself to be pro-life, I believe it is important that this Bill be passed. It is important that every safeguard possible is put in place to ensure that no abuses take place. It may have been suggested earlier that someone might take advantage of this Bill by suggesting she may be suicidal. However, that suggestion must be knocked on the head straight away. This Bill brings certainty and clarity to the medical practitioners in this country and gives the women of Ireland the safety they require to ensure they are protected during pregnancy. For this reason, I commend the Bill to the House.

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