Alex White (Dublin South, Labour) | Oireachtas source

I apologise for interrupting Deputy Clare Daly earlier because it is not fair to interrupt Members in full flow. It was late at night but I was not reproaching her for not putting it into her Bill. I was doing the opposite. If it were possible to do this, then she would have done it in her two Bills. I was simply making the point that it demonstrates that she went to the trouble of introducing two Bills but did not include provisions for this matter. Deputy Joan Collins claims it was because they did not have a full appreciation of the problem. Deputy Clare Daly claims they did not have access to the Attorney General.

If they did, they would get the same advice we got which we related on Committee Stage. The advice states that in the case of a foetus with a condition that is incompatible with life but which is capable of being born alive, such a foetus is likely to attract the protection of Article 40.3.3^o. I know of a recent letter to The Irish Times from a number of lawyers, some of whom I know, that challenged this. However, I respectfully disagree with them as they are clearly wrong. The absolute preponderance of legal opinion, reflected by the preface of the experts' report, is that providing for this condition in this legislation would be inconsistent with the Constitution. I say that with great regret.

I accept the Opposition must press the Government as far as it can. I would love to say we could achieve this provision in this legislation but I cannot because it is not the case. Deputy Clare Daly claims - I do not know whether she was reacting to my interruption or whether it was otherwise - that my view on this is disrespectful to the families affected by this issue. That is not fair. It is not disrespectful. It is simply stating the true legal position on this, whether we like it or not.

Deputy Boyd Barrett was irritated by the Minister's accusation of political opportunism. I would take some convincing that there is not an element of political opportunism on the Deputy's part. I very much regret saying that but the circumstances are that it cannot be dealt with. In the teeth of that clarity, I cannot understand why some Members still take the view the Government is shirking on the matter or is insensitive to it, unless they are motivated to take some political advantage from the situation.

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