Joan Collins (Dublin South Central, People Before Profit Alliance) | Oireachtas source

When we put forward Deputy Daly's Bill twice last year, if we had known that we could have formed legislation around fatal foetal abnormalities, we would have done so. In the discussion of those Bills, we heard from families who told a tragic story to the Minister and the world about those desperate issues. They received support and legal advice related to the D case in the European Court of Human Rights and whether a foetus which cannot survive outside the womb is covered by legislation. That is why the Termination for Medical Reasons group has been in contact with lawyers and drafted good legislation relating to fatal foetal abnormalities.

As has been stated already, the Minister is indicating the Attorney General cannot accept this despite claims that this is a tenable argument under Article 40.3.3° of Constitution that the right to life of the foetus is not applicable where there is no prospect of surviving to birth. That is what our counsel stated with regard to the D case at the European Court of Human Rights. If that is not the case, it has been argued by the Minister of State, Deputy Kathleen Lynch, that she wants the woman and the decisions made with regard to her pregnancy and instances of rape and incest, for example, to be respected. If the Government, under the guidance of the Attorney General, is saying that cannot happen, why is it taking its stance on inevitable miscarriage?

One cannot say categorically that there will be a referendum on Article 40.3.3o to repeal the eighth amendment to allow that. The clarification of the definition of the unborn is particularly chilling as it remains linked to a criminal offence with potential for a 14-year prison sentence not only in the case of fatal foetal abnormalities and inevitable miscarriage, but also in the case of the abortion pill. If a woman takes the abortion pill, aborts, has complications, attends an accident and emergency department, is asked whether she has taken the abortion pill and says "Yes", a concerned medic might say she has done something illegal. Could that young woman face 14 years in jail because of the unborn being classified from the moment of implantation? That is why we tabled an amendment saying unborn means a foetus which has reached that stage of development at which, if born, would be capable of life outside the womb. The Minister should take that on board. We cannot support this aspect of the legislation. A 14 year sentence is longer than the sentence many men who rape women get in court. That is why we cannot support the Bill is any shape or form.

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