Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

A diagnosis of a fatal foetal abnormality is one of the most tragic any woman and her partner can face. The period during which a woman is pregnant is presumed to be a happy one, filled with expectation that a healthy child will be born after nine months. Being faced with a diagnosis of a fatal foetal abnormality is every parent’s nightmare. While it is still very rare, it is very hard to listen to parents who have been given such a diagnosis and who have to book a flight to the United Kingdom to terminate the pregnancy as there is no chance the baby will actually live when born.

When Deputy Clare Daly published a similar Bill in 2014, I supported it. I fully understand the difficulties certain Deputies and Senators have in supporting it. On this occasion Fianna Fáil Deputies will be free to vote as they personally choose. Some will argue the Bill does not go far enough, but there is an onus on all of us in the Houses to act responsibility and sensibly on this issue. Our approach should not be divisive and should encourage an open debate. There is no point in labelling people who have different views which are deeply personal and deeply held.

I like to think we have avoided the partisan political debates that took place in the House and elsewhere for many years. In the years I have been in the Oireachtas this has been the one issue that has divided people, not only within parties but also in wider society. We must be respectful of people's strong and deeply held views. Sometimes the views held on both sides are too extreme to allow for a calm and rational debate on the substantive issue of legislating for the constitutional right of a woman in this country under Article 40.3.3°, as interpreted in the X case in 1992.

There are some, including the Attorney General, who believe the Bill is not constitutional. Others state it should pass and we should let the courts decide. We all agree this is far from ideal in dealing with such a sensitive issue. It is important to put the debate in its historical context. Once Article 40.3.3° was enshrined in the Constitution, it was inevitable that a court would have to decide how to vindicate the rights of the individuals concerned, namely, the pregnant woman and the unborn. Since the X case in 1992, there has been a lacuna in legislating for what is now the constitutional right of a woman to have a lawful termination where there is a real and substantial risk to her life. There were three referendums in 1992, in which two amendments were passed by the people, while one, on the substantive issue, was rejected.

In 2002 a referendum was held on another amendment which I supported. I consider myself pro-life in general. I do not like to stereotype people or put them in boxes, but I am pro-life in the sense that I believe we should do everything possible to vindicate the life of the unborn. In a case involving the rare diagnosis of a fatal foetal abnormality, I think it is wrong to send the woman and her partner overseas to have the pregnancy terminated, even where it is clinically recommended. This is an issue that should be dealt with between the woman and her medical experts here. These are, thankfully, extremely rare cases which require specific and special attention.

I do not believe abortion on demand should be introduced in Ireland, but I do believe the majority want the issue of fatal foetal abnormalities dealt with in the Constitution. We face conflicting difficulties when we must provide for complicated medical procedures. I find it difficult to oppose the Bill and will support it because I would not like our clinicians and those who deal with this issue to have their hands tied, whereby the only thing they can do is to tell someone to travel to the United Kingdom.

When we debated the Protection of Life in Pregnancy Bill in 2013, there were claims that it would open the floodgates. There is evidence that it has done nothing of the sort. As we know, the Government is committed to appointing a citizens' assembly, something which has been mentioned, to report back to the Dáil. Fianna Fáil's preference was for a judge-led commission. We need to allow the assembly being set up to come back within a period of months with its recommendations. Consensus has to be built and we need to be honest and respectful when we are dealing with and debating the highly sensitive, personal, complex, legal and medical matters the issue entails. We do not need extremists on both sides name calling or trying to exact political advantage from the issues involved.

We in this Chamber can amend legislation whenever we want and that is democracy. We can introduce Private Members’ Bills or the Government can bring forward its own legislation. We should not make decisions on the basis of opinion polls, but recent opinion polls indicate there are definite views on making provision for cases of fatal foetal abnormalities, rape and incest.

I support the intention of the Bill, as I stated, but, as legislators, we have to at least try to uphold the Constitution in our legislative activities. For some Deputies, it is a matter of conscience and they passionately believe the Bill would undermine the right to life of the unborn.

People have formed their views on the basis of their faith or a fundamental view of when life begins. The reality, however, is that every year 5,000 women travel from Ireland to Britain for terminations. We should not pretend that this is not the case. We should show moderation in our use of language when discussing the issue to avoid offending others and be conscious of the need to avoid being judgmental.

While this Bill seeks to deal specifically with fatal foetal abnormalities, which is admirable, I believe an all-party approach on how to deal with this and the eighth amendment is a far better and more cohesive approach. While it may take too long, it will be the better and constitutionally safer way to go.

I do not believe the majority of the people wants the eighth amendment to be deleted and for the issue to be left to the Oireachtas to legislate for entirely. I believe the middle ground of opinion wants to see an alternative wording and that is the exercise that the process now being established should set about carrying out.

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