James Reilly (Dublin North, Fine Gael) | Oireachtas source

I thank the vast majority of speakers for the tone they have adopted but I regret that of Deputy Boyd Barrett, and also the fact that he would deliberately seek to omit the right to life of the unborn, which is implicit in this Bill on the protection of the life in pregnancy of both mother and unborn child.

As the last speaker noted, what was lacking in legislation would not have been what led to the tragic death of Savita Halappanavar. Unlike him, however, I disagree that the Bill would not have had some impact because it would have brought clarity to her and her husband as to what care they were entitled to, and clarity to the doctors as to what were their responsibilities. That was a specific report by the HSE and anybody who has read it realises this is not what was at the root of the problem.

To all those Deputies who raised the issue of "reasonable opinion", I point out that this has gone from section 2 but has been clearly defined in sections 7, 8, 9 and 13, all of which are primarily focused on saving the woman's life. The need to add the extra language was not deemed appropriate by the Attorney General.

Deputy Higgins mentioned the issue of life or health, which was also raised by several other Deputies. The Supreme Court is clear on this and has stated bluntly it is the life as opposed to the health of the woman.

Deputy Catherine Murphy acknowledges the equal right to life of the unborn which is mentioned in the eighth amendment to the Constitution, as she noted. That equal right is very clear and the people have spoken.

Deputy Daly stated the Bill was very restrictive and she is right. I believe, however, that she wants me to ignore the Constitution and the Supreme Court case decision in the X case, which I cannot and will not do. She mentioned a republic which values life. I believe it is a republic that values all life, including that of the unborn, and I am proud to be a citizen of such a republic. It is not true to state that a woman has to be at death's door. The Deputy herself mentioned that the risk need not be immediate or inevitable.

I must disagree with Deputy Wallace. I believe this Bill brings clarity for doctors and, most important, clarity for women on what they are entitled to and how they can access it.

I note Deputy McGrath's comments and what Deputy Healy-Rae had to say, but must point out that people have waited 21 years for this legislation. Hearings were held before and after the heads of the Bill were published. We had a long debate in this Chamber on Second Stage to which virtually every Deputy contributed, and we had an extensive Committee Stage where many of the issues before us were teased out. I do not believe there has been another Bill in the history of this State that has received so much attention and so much time.

I believe I have addressed the issues raised by Deputy Ó Caoláin in regard to amendment No. 18. He stated that I had committed to an amendment in respect of services for women. I did not do so; what I stated was that I will return to that point in later amendments.

I know Deputy Tóibín has concerns around a filibuster. It is certainly not this Government's intention to shorten this debate in any way but there has to be a time limit at some point. We will sit until midnight and given the way the day evolves I would have no problem staying here all night and all morning on this subject.

To reiterate, and subsequent to comments I have made, I cannot accept these amendments as I believe they are unnecessary. The main purpose of the Protection of Life during Pregnancy Bill 2013 is to restate the general prohibition on abortion in Ireland in line with Article 40.3.3° of the Constitution, while regulating access to lawful termination of pregnancy in accordance with the X case and the judgment of the European Court of Human Right in the A, B, and C v. Ireland case. Its purpose is to confer procedural rights on a woman who believes she has a life-threatening condition so that she can have certainty as to whether she requires this treatment. I reiterate that the Bill provides for existing rights only, namely, within the constitutional provisions and the Supreme Court judgment in the X case. It specifically does not confer any new rights to a termination of pregnancy.

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