Lucinda Creighton (Dublin South East, Fine Gael) | Oireachtas source

I appreciate that. It is impossible to justify a situation whereby the unborn, a constitutional person, would be prohibited from being represented in front of a panel when grown adults, also constitutional persons, are entitled to such representation in front of similar panels where decisions have a profound impact on their rights, for example, in front of mental health tribunals under the Mental Health Act 2001. There are precedents.

It is arguable that the Attorney General has a constitutional obligation to act when there is a public interest in vindicating rights identified in the Constitution. This is acknowledged in a great deal of case law as a privileged role of the Attorney General. The Supreme Court has specifically recognised this role under Article 40.3.3°, the right to life. As per Mr. Justice Finlay in the X case, this right or duty of the Attorney General is inherent in the Constitution and, therefore, should be articulated in the Bill.

Furthermore, under the Constitution all interested or potentially affected parties to a legal process must be given a right to express their points of view, that is, the fundamental constitutional right of participation. Both sides in every case must be heard. This well-established constitutional law principle was reinforced by the Supreme Court in Dellway Investments & ors. v. NAMA & ors. in 2011. Under the formula in the Dellway case, the right to life of the unborn is clearly capable of being directly affected in a material way by a decision taken under section 9 of the Bill.

Since this is a constitutional principle, it is implied into all statutes. It seems likely that the legislation could be challenged successfully on the grounds that no specific mechanism is in place for the position of the unborn, a constitutional person, to be advocated or the unborn's rights to be vindicated.

The Ceann Comhairle will be pleased to know that I am moving to my conclusion. I have mentioned some key aspects of the legislation that need to be amended. The Minister for Health, Deputy Reilly, has stated his intention to accept amendments on Committee Stage. I take him at his word and assume that this means substantive amendments based on evidence, not just procedural amendments. If the Bill is to live up to its title, the Protection of Life During Pregnancy Bill, it should aspire to do just that - provide protection to all lives, no more and no less. It must protect women whose lives may be in danger during pregnancy. We expect and demand that this be the case.

It must also protect the lives of babies in pregnancy; otherwise the Title will simply be misleading.

Ireland is a great country for mothers and babies where the best possible care has been, and continues to be, afforded. This Bill has the potential to change that and change the compassionate culture of care which we have treasured for so long.

Before concluding, I want to read an e-mail I received last night, which really struck me. It sums up the essence of the problems with the Bill. It was sent to me by a psychiatrist, who said:

Dear Ms Creighton, my name is Dr. [Y]. I am a psychiatrist for the last ten years and I am also a woman and a mother. I have experienced both depression and pregnancy. From all these perspectives, I ask you to think long and hard before the vote on the Protection of Life During Pregnancy Bill, and to discuss your concerns with your party colleagues. Suicidality is not an easy diagnosis to make. It is dynamic, not static, with the matters contributing to the suicidal state constantly changing. There is absolutely no test one can make to predict whether someone will die by suicide. Finding out one is pregnant for all the wrong reasons is a devastating, life-altering thing but as human beings we try to help people adjust and make decisions in a clear frame of mind. Abortion has never ever been a treatment for suicidal ideation and completed abortion may end up being one of those dynamic factors that pushes someone to contemplate suicide. There is nothing so devastating as guilt to the depressed mind. Two wrongs do not make a right. Please consider diverting energy and resources to supporting people with unwanted pregnancies, not pushing them down a path that may be detrimental to their mental health later when it is too late. Thank you for reading this. Dr. [Y].

I have obviously inserted the letter Y in place of the person's name. This sums up very well why this legislation, as currently framed, is considered unworkable by so many experts. I have genuinely had countless e-mails and letters, particularly from concerned psychiatrists, in the last few weeks. Believe it or not, I have not received a single letter from a psychiatrist welcoming this Bill or saying that it is necessary to deal with suicidal intent.

Compassionate, clinical care is what is needed. My firm belief is that the Government should put all possible resources into providing this for young, vulnerable women. Abortion solves nothing. I know a number of women who have had abortions and deeply regretted it. I genuinely do not know any woman who has had a baby and regretted it. No matter what the circumstances, the initial stress, anxiety, fear, stigma or concern - all of which are genuine - we must support women in their hour of need. That is simply our moral and constitutional duty.

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