Charlie McConalogue (Donegal North East, Fianna Fail) | Oireachtas source

At the outset I indicate to the House that I will vote against this piece of legislation, and I will outline in my contribution the reasons for doing so. The position afforded to me by my party is that I can vote in line with my own views, which is a mature approach that sets a precedent for this House and the way politics in Ireland can operate. I know many in other parties would also like to have seen such an approach but it is welcome that my party has taken this path after consideration. It behoves me to outline my personal reasons for taking this approach to the Bill and opposing its introduction.

My approach to life is that we should try to afford as much personal responsibility and rich individual freedoms to the individual in society, in so far as those freedoms do not infringe on other people's ability to conduct their lives or affect wider society in any negative way. In dealing with the issues of pregnancy and abortion, our approach is informed by the fact that there are two lives involved: the life of the mother and the life of a potential child and future citizen in our country. That is recognised in our own Constitution. The principle of state protection and recognition of the fact that there are two lives involved is well established across the world and in many countries. Even in countries with liberal abortion regimes, there are in most cases rules regarding when an abortion can be provided, as well as term limits.

In several instances, the law of a country imposes restrictions through the state but in practice the application is very different. That is the case in our neighbouring country and it is the case in many others as well. However, the principle of the state offering protection to the child as well as the mother is well established across the world in the laws of various countries. In our nation, that is enshrined in Article 40.3.3o of the Constitution.

The parallel requirement of any state is to ensure, in so far as is possible, the health, welfare and life of the mother. I agree with the provisions of the Bill in that regard, with several welcome parts offering clarity for the medical profession. They are an improvement and addition to where we were before. I have particular difficulties with section 9, which deals with treatment of suicide, and that is the basis on which I will vote against the Bill. We cannot ignore the fact that in the evidence presented to us in great detail through committee meetings over some days, it was indicated that abortion is not seen as a treatment or an appropriate way to deal with suicide ideation. The opposite view has been offered over and over again, and it was argued that such an approach could often lead to presentation later in a woman's life and leave an effect on the person's mental health.

Under the Bill, medical professionals are asked to make a decision on a request when a person presents with suicide ideation but there is no clarity in this respect with regard to available protection for those professionals if they refuse the request. Professionals will say that such a decision is difficult and it is possible that a professional could refuse a request for a termination of pregnancy for a woman who could later lose her life.

It puts those medical professionals in a very unenviable position.

The other issue that presents as a result of the Bill is the fact there are no clear term limits. A scenario could occur where a child on the cusp of viability might have to be induced and health complications could accompany that, including long-term, life-affecting illness. Another thing absent from the Bill is any legal protection for the unborn child. Under the Constitution, the child and the mother are afforded an equal right to life yet this legislation makes no provision for the child's rights to be vindicated nor for their situation to be represented.

Overall, it is fair to say that in trying to address suicide in wider society and the epidemic we have at the moment, our approach is to say that suicide is not an option for someone who is feeling suicidal and that other options are available. Likewise, I do not think offering an abortion is an option either. The evidence presented to us backs up the fact that it is not an appropriate way to deal with somebody presenting with suicidal ideation. That outlines my concerns about the Bill and why I will be voting against it. I thank the Ceann Comhairle for the opportunity to speak on it.

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