Joe Higgins (Dublin West, Socialist Party) | Oireachtas source

I will be succinct. Here we really get to the essence of the problem for myself and the Socialist Party. The Bill was supposed to legislate for the tragic circumstances of the X case, for which we fully support the provision of legislation. Unfortunately, the Government then went on to construct a Bill which was so restrictive that, rather than dealing with a problem, it created other problems for women in crisis or difficult pregnancies which can result in danger to the health and, potentially, the life of a woman.

The provision we have made for inevitable miscarriage should be accepted by the Government and should be included in this legislation. The current position is that a miscarriage with complications must, in essence, be allowed to continue to the point at which the life of the woman is threatened before a termination is possible. This is not a sustainable position. It arises from the distinction that is made between the life of a woman and the health of a woman, and this shows quite clearly that it is not sustainable. The amendment should be allowed here.

Similarly, with regard to the fatal foetal abnormalities, the arguments have been made. It really is unsustainable for the Government not to accept a change that, even by its standards and within the narrow limits on which the Government states it is legislating, is arguably within the constitutional parameters. As a signal that society should deal with these tragic situations in a humane and compassionate way, the Minister should accept the amendment that allows fatal foetal abnormality as justification for a termination in such cases. It is simply horrific that we are legislating for a situation that forces women who decide to terminate their pregnancies in cases of fatal foetal abnormality to leave the State, because if they remain in the State and avail of a termination here they could be subject to 14 years in jail.

This is a breaking point as far as I am concerned. It is because of this combination of issues, in conjunction with the criminalisation of a woman in those circumstances - indeed, in other circumstances - that I am voting "No" to this legislation. I issue a plea that we have to open up a debate immediately on the need for the repeal of Article 40.3.3⁰, for a new referendum so these restrictions are removed. Then we can legislate for the real needs of women as they exist in Ireland of 2013 and take into account and deal with the situation of inevitable miscarriage, of fatal foetal abnormalities and of the thousands of women who decide they have to terminate a pregnancy but are forced to leave this State in order to carry that out.

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