Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I welcome the opportunity to contribute on this issue again. Often, it presents itself in the Dáil as a divisive one but, given the Bill's narrow focus on fatal foetal abnormalities, consensus could be found with a bit of imagination and commitment to address a humane issue that affects a small number of people tragically every year.

Last year, I received a telephone call from a person whom I knew well. He had been delighted that his wife was pregnant. They were thrilled, having tried for a child for some time. They went for their first scan with all of the expected enthusiasm, excitement and trepidation, only to find that the child had no chance of life outside the womb. Of course they wanted a second opinion. They sought it but were informed of the same. They sought many opinions in the hope that just one could give them a thread of hope for the child's survival outside the womb. In the end, none of that comfort came to them in the medical diagnoses.

They were left with a difficult decision to make. As Deputy Clare Daly asked, should they walk the street, meeting people who talk about the wife blooming and discuss all of the excitement that a child brings or should they face the other choice? The decision agonised them. My view on the matter was framed by something in particular. They told me that they had felt demeaned by having to go to England. They had wanted to have their child in this country but could not.

We must be imaginative, brave and bold in how we deal with this issue. As Deputy Clare Daly stated, we need more than compassion. We must put the arm of the Parliament around people and be forceful in agreeing a solution to the issue. The Minister stated that the Government did not have a mandate to address the matter. It probably does not, but it probably does not have a mandate for many of the other measures it has taken. Not having a mandate from a previous election should not stop a Government from tabling proposals and ideas. The Parliament is what gives us our mandate when we do something collectively.

We must consider this matter in a way that can achieve consensus. In every speech I have made in the Chamber, I have stated that I am pro-life. I do not support abortion on demand and do not believe that the Irish people do either, but what of fatal foetal abnormalities and its devastating blow to families who want to have children? Let us be clear - the choice will still be theirs. If a woman received a diagnosis of fatal foetal abnormality and we facilitated a termination in this country, doing so would not be obligatory. She would have the choice of going full term or terminating the pregnancy at an earlier stage. Some extremists hold the view that a termination would almost be mandatory, but there will be a choice, one that can be made in the comfort of a woman's own home with her family sitting around her and in the knowledge that, if she goes for a termination, it will be done in the comfort of her own country and in a hospital that can provide the care and follow-up treatments and therapies she needs.

While the Government does not have a mandate on this issue or for any of the measures it takes on a daily basis, I suggest that we consider this matter, not just in the compassionate way that the House espouses, but in a way that will take account of a woman who is carrying a baby she wants but that will, as the Bill reads, die immediately when born.

The Bill has a narrow focus. When discussing the issue of termination, I try to be non-partisan and do not play politics with it. For many decades, people have played politics and it has been divisive. Numerous times, it has been asked whether terminations for fatal foetal abnormalities will open up the possibility of terminations for babies with disabilities or deformities. I would not speak, let alone support this Bill, if I believed for one second that it had the potential to allow for the termination of any child due to disability. The Bill is purposely narrowly focused on addressing the issue of incompatibility with life outside the womb, namely, fatal foetal abnormality. Going full term or terminating the pregnancy in this country should be the choice of the woman and her family.

Many people will cite reasons for such terminations being unconstitutional. I do not know whether that is true. I always take my party's legal advice when tabling a Bill on behalf of the party. I am speaking in a personal capacity today. Our party will offer its members a free vote on this issue. The idea that the Parliament will do nothing because we believe it is unconstitutional is to say that we will never do anything on this matter. Not for one moment do I believe that we will have a referendum in the short to medium term unless one is forced on us again by the courts or other constitutional institutions. People will mount challenges and seek to vindicate their rights, a court will make a decision and we will be obligated to act.

Let us debate and vote on this Bill or an amended version of it. If it is unconstitutional, let it be found so, as we will then have a definitive decision on what must be put to the people to address this very tragic issue, which causes people significant trauma and the country an element of shame.

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