Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I thank Deputy Kate O'Connell for that extraordinary contribution and for telling her story as others have told theirs. It is helpful. It is incumbent on us to listen to these stories and to make our decisions in light of hearing them. I also express my appreciation to Deputy Wallace for bringing forward the Bill and to his Independent colleagues, in particular Deputy Clare Daly, who have offered a significant contribution to collective efforts to liberalise Ireland's abortion laws. As an Independent Member of the House, I am in agreement with the Deputies and many other human rights advocates and activists in Ireland and internationally that Ireland has some of the most restrictive abortion laws in the world. As I am sharing time, I will confine myself to identifying the three main reasons I will not support the Bill.

I am of the view that we need constitutional change and that without it even a perfected version of the Bill will not provide what women need. Article 40.3.3o would remain in place if we passed this Bill in the next couple of months. We all know that the article reads that "The State acknowledges the right to life of the unborn, and with due regard ...". As it stands, our Constitution guarantees to defend and vindicate the life of the unborn. That is what it says plainly. If Parliament were to pass the Bill, it would necessarily be challenged by the courts and we would not have the legislative regime whereby pregnant women and medical practitioners could, with care and confidence, terminate a pregnancy in the context of a fatal foetal abnormality.

On the Bill itself, the definition of fatal foetal abnormality refers to a medical condition suffered by a foetus such that it is incompatible with life outside the womb. Early this evening, I spoke to one of Ireland's foremost medical practitioners in this field and in that conversation it was confirmed to me that it is simply not possible for any medical doctor to say absolutely and categorically that a foetus will have no chance of life outside the womb. They cannot say that it will not have life, which is to say that it will not have a heartbeat or a breath outside the womb, even if that breath is only for a few moments or a couple of days. Given that this is the medical reality and given that the eighth amendment protects the right to life of the unborn, any version of the Bill will not provide us with the desired outcome of its authors.

As has been mentioned, we have a citizens assembly coming before us. I understand that this will take more time and that change will not come about soon enough for many women, but I believe that we are at a point in history where, with that process, we have the possibility and the capacity to change. I will work towards that every moment of the day until it happens.

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