Dáil debates

Thursday, 11 July 2013

Protection of Life During Pregnancy Bill 2013: Report Stage (Resumed)

 

5:25 am

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

I support Deputy Róisín Shortall's comments regarding term limits. Provision in that regard is the very minimum that is required in terms of amending the legislation. I noted the Minister's response to my comments regarding late-term abortions. The difficulty, however, is that the legislation does provide for early inductions and early terminations based on induction. Deputy Peadar Tóibín outlined precisely the implications of this. They were also clearly articulated by Dr. Sam Coulter-Smith at the Oireachtas committee hearings and commented on by Mrs. Justice Catherine McGuinness. In fact, the latter advised that the Oireachtas should include term limits in the legislation. Deputy Shortall today pointed to a similar recommendation from another leading legal opinion in this country. I am confident in saying there is unanimity across the House on the issue of late-term abortions. Nobody wants to see early inductions happening which see babies born with profound disabilities, with all the huge implications that would carry.

I urge the Minister, at this 11th hour, to accede to the amendments put forward by Deputy Shortall. In her contribution, the Deputy referred to the issue of regulations. The Taoiseach promised last December - he was in the Chamber when I mentioned it last night - that the regulations would be published in tandem with the legislation. That has not happened. Instead the Minister has been given a blank cheque in regard to the regulations he can introduce on foot of the enactment of this legislation. A whole swathe of measures could potentially be introduced in this manner. I accept the Minister's word when he says he has no intention of bringing forward any significant regulations. The difficulty, however, is that he will not be Minister for the lifetime of the legislation. There will be others after him and he is providing those future Ministers with a blank cheque. We are going down a very dangerous avenue in this regard.

My amendment No. 32 arises from committee proceedings. I will not go into the detail of my Committee Stage amendment other than to say that I have heard a number of commentators and Oireachtas Members argue that in legislating for terminations of pregnancy we must include provision for suicide, in accordance with the X case judgment. The Government has taken a policy decision on this issue, as it is well within its rights to do. However, it is not right to say that we must legislate for suicide because we are legislating in this area. To demolish that particular argument, I have put forward amendment No. 32, which allows for regulations to be introduced specifically to deal with terminations in cases of medical emergency or where there is a medical threat to the life of the mother at any stage during her pregnancy. The provision includes the caveat that only regulations which are founded on current evidence-based medical treatments may be introduced, which means of course that suicide cannot be included. I do not want people leaving the House this evening and saying we had to legislate for suicide, that there was no choice. My amendment sets out a vehicle to provide the clarity that is required without having to deal with the suicide provision. As I said, the Government is within its rights to have taken a particular policy decision on the suicide issue, but it cannot be justified on the basis that to do so was unavoidable. It is not a valid argument, as my amendment shows.

I hope the Minister will, at the very least, accept the amendments put forward by Deputy Shortall.

Comments

No comments

Log in or join to post a public comment.