Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Ar dtús ba mhaith liom a rá go dtuigim go bhfuil go leor daoine a chreideann go láidir agus a bhfuil tuairimí acu ar an dá thaobh den cheist seo. Caithfimid cuimhneamh orthu sin ar fad chomh maith le pobal uile na tíre agus an cheist leochaileach seo á phlé.

For many, and in that I include myself, this is always a very challenging subject. I have had to travel a journey in my personal efforts to meet and understand the positions taken by others on this most divisive of issues, as many have. No matter how various individuals of all views try to frame this, it is never a black and white issue.

I feel it is always best to have these complex issues addressed in a calm and considered way, based on evidence and on reasoned argument. I appreciate that there are very strongly and, in most cases, very sincerely held views on all sides of this debate. This is true of Sinn Féin also. Like all parties and all sections of society, we have members with varying and strongly held views on the issue, and we respect those views and our members' right to hold them. Our job as legislators is to listen to all sides but ultimately to legislate or to put it to the people to change the laws that frame our society. We must do so in a way that reflects the values of a modern Republic. We must vindicate the rights of all involved and ensure we do so in a fair, equitable and compassionate way.

When my colleague, Teachta Brian Stanley, spoke on the Protection of Life during Pregnancy (Amendment) (Fatal Foetal Abnormalities) Bill in this House in February of this year, he started by extending his sympathies to all mothers and parents who have had to deal with the problems and challenges that were being addressed in that debate. I think it is right and proper that I do the same. We must be compassionate and we must realise that when we speak here our words can hurt someone, whether they are close by or tens, hundreds or thousands of miles away. My thoughts are with anyone who has had to deal with such challenges themselves. We, as legislators, must face up to our responsibilities.

Sinn Féin believes that Bunreacht na hÉireann is not and never has been the place to deal with the complex issue of abortion. We support and have supported for some considerable time the repeal of the eighth amendment of an Bunreacht. We also believe that we should deal with this most difficult issue through legislation.

Let me be totally clear: our support for this Bill to progress through the legislative process does not change our policy on abortion in any way. Its passage represents the only way of giving effect to our stated policy. Sinn Féin believes it is the right of a woman to seek, if she wishes, a termination of a pregnancy where her life is at risk or in grave danger, including from mental health issues, in cases of rape or incest, and also in the case of fatal foetal abnormality, as recently adopted by delegates at our annual Ard-Fheis in Derry in March. Our support for this Bill today therefore represents our attempt to put in place the necessary pathway to the effective introduction of our policy on this issue.

When we discussed the Protection of Life during Pregnancy (Amendment) (Fatal Foetal Abnormalities) Bill, our party did not have a definite policy position on fatal foetal abnormalities. Uachtarán Shinn Féin, Gerry Adams, is on record as having apologised for the fact that we had not reached a substantive position on fatal foetal abnormalities. We have since addressed that gap in policy. We dealt with the issue, as I have already said, at our most recent Ard-Fheis in Derry, noting that the law both North and South prevents women in cases of fatal foetal abnormality from accessing legal abortion services in Ireland should they wish to do so. We also called for legal frameworks to be introduced North and South that would allow women to access abortion services under these limited circumstances and that where a woman wishes to continue with the pregnancy she should be fully supported in that decision and all efforts should be made to ensure appropriate care and consideration. We also called for the introduction of an all-Ireland protocol on prenatal diagnostic screening in pregnancy.

We understand that to give effect to our policy objectives, we have to revisit Article 40.3.3°. Indeed, Sinn Féin policy has long been to revisit article 40.3.3°. It is my understanding that the official legal advice is that it would not be possible to provide a termination of the pregnancy in a case of fatal foetal abnormality without repealing the existing eighth amendment to the Constitution. We urge the adoption of this Bill to give effect to our party policy.

As I mentioned at our Ard-Fheis, and as stated by others at the time, our party policy could not be brought into being without the repeal of Article 40.3.3°. Sinn Féin Party policy is a consideration for its members to undertake democratically. Some will not be pleased that we will facilitate the Bill before us but it is the members of our party, as democratically delegated, who decide policy. They are representatives of our members. As elected representatives we are in turn bound by their decisions. An Ard-Fheis motion calling for the repeal of the eighth amendment of Bunreacht na hÉireann was also passed in Derry.

With regard to those who will say this Bill would remove any protection for the unborn, I refer them to the Protection of Life during Pregnancy Act 2013, which restated the general prohibition on abortion in Ireland while regulating access to lawful termination of pregnancy in circumstances where the life of the mother is at risk. That Act states clearly it is a criminal offence to destroy intentionally unborn human life. Prior to its enactment, there was the protection of the offences against the person legislation and, before that again, the Supreme Court had indicated that the right to life of the unborn was protected as one of the unenumerated personal rights under Article 40.3.3°, which includes protection of the right to life.

We have been accused of shirking responsibility in the past. This was never the case. There are issues that we must first put to the wider membership of the party before we move to speak on their behalf. I believe that is a prudent position. We have a policy that is democratically decided and we, as elected voices of Sinn Féin, have a duty to articulate and uphold party policy. We believe all possible means of education and support services should be put in place to prevent crisis pregnancies. We believe society has a responsibility not only to address the issue of abortion but also to address the fact that some 5,000 Irish women travel to Britain each year for abortions.

We have been accused of trying to avoid the issue in the past. This is also not true. We in Sinn Féin supported the Medical Treatment (Termination of Pregnancy in Case of Risk to Life of Pregnant Woman) Bill in 2012. This asked the Dáil to acknowledge the reality that the absence of required legislation denies women protection and the right to obtain a termination in life-threatening circumstances. It also asked the Dáil to acknowledge that the lack of legislation creates an ambiguous legal situation for clinicians.

Sinn Féin called for the Protection of Life During Pregnancy Act to be seriously examined and the planned review brought forward when reports surfaced on the case of Ms Y. This very distressing case was the first abortion application under the legislation. It concerned a young asylum seeker who had become pregnant in her home country after being raped. She had to wait two months to be referred to a psychiatrist to be assessed for a termination. Two State agencies had been aware that she was suicidal 16 weeks into the pregnancy. She reported she was told she could not have an abortion, after which she began a hunger and thirst strike. The HSE was contacted at this point and an emergency application was made to the High Court to forcibly hydrate the patient. The application was granted. A panel of experts was created, including psychiatrists and an obstetrician, and it was decided a caesarean section could be performed. This case was and remains a tragedy.

Sinn Féin believes the way to reduce the number of women seeking abortions is by way of State provision of comprehensive sex education, full access to safe birth control options, and full access to child care and comprehensive support services, including appropriate financial support for single parents.

Sinn Féin believes that full information and non-directive pregnancy counselling should be freely available. Sinn Féin is opposed to the attitudes and forces in society that compel women to have abortions and that criminalise those who make that decision. We accept the right of a woman to seek a termination of her pregnancy where her life is at risk or in grave danger and, as I have stated, in cases of rape or incest and where the tragedy of fatal foetal abnormalities presents.

We will, therefore, support the proposition that the Thirty-fourth Amendment of the Constitution Bill pass through Second Stage, while fully holding to and reflecting on our party policy. We can then, with all other legislators, consider addressing these most sensitive issues through legislation.

Is mór dúinn mar pháirtí agus mar shochaí aghaidh a thabhairt ar na ceisteanna fíorchasta seo le cinntiú go bhfuil tír shábháilte ar fáil do mhná na tíre.

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