John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

Thank you.

I also wish to raise the issue of Article 27, on which legal opinion is divided because it has to be interpreted in relation to Article 23 of the Constitution, which speaks of decisions made in the other House. Article 27 provides a mechanism which provides that a Bill can be referred to the people. This provision has never been used. As I said in previous contributions a number of months ago, any substantive change proposed by this legislation should be put to the people. Many people will say we have had previous referenda on this issue, which is true. However, a person under the age of 30 years has not voted on this issue. The reality is that people under the age of 30 years, more than any other group, will be affected by what is proposed in this Bill. It is reasonable that they and others would have an opportunity by way of referendum to express their views on this subject.

While the debate in this House has been measured, I am always struck by the level of anger and vitriol that exists on both sides of this argument. When it was reported in a particular newspaper that I had a view as to the usage of Article 27, I was subjected to some of that anger and vitriol, which was indicative of what many Deputies are experiencing. When asked by an anonymous person on Twitter at what point in pregnancy I was okay with a woman dying, I replied "Never". I am never okay with a woman dying during pregnancy but I am okay with the people deciding the shape of the law in this area. Article 27 deals specifically with matters of national significance. There has been no other issue during my lifetime on which opinion has been so divided. If Article 27 is apply to any issue, it should apply to this one.

A member of the Cabinet recently expressed to me the concern that I had the temerity to sign my name to a motion requesting that Members of the Oireachtas be given a free vote.

I firmly believe Members should have a free vote on this issue and the Whip should not apply when making decisions on matters of this nature. It is a little ironic and contradictory, to say the least, that on an issue on which some people profess to believe in the right to choose, this right does not extend to Members when they vote on the issue. The opinions of individual Members should be respected and they should be allowed to make up their minds on this issue. From time to time, Members hide behind the party Whip and, on occasion, the Whip system is used to bully them. From my experience in 11 years as a Member of the Oireachtas, I do not believe the party Whip, as currently constituted, is the best way to have the views of members of the public reflected in the Chamber when votes are taken on various issues.

I do not envy the Minister the task of striking a balance in the drafting of the Bill. I hope he will be able to address some of the concerns I have raised on Committee and Report Stages because they are shared by many others. I have been struck by the large number of people who contacted me in recent weeks asking that I support the legislation before stating in the next breath that they are concerned about the provisions on suicide and in section 9. I hope changes will be made to improve the Bill.

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