Dáil debates

Thursday, 30 June 2016

Protection of Life in Pregnancy (Amendment) (Fatal Foetal Abnormalities) (No. 2) Bill 2013: Second Stage

 

7:25 pm

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Offaly, Fine Gael) | Oireachtas source

I thank Deputy Wallace and his colleagues for publishing the Bill before the House. I thank all the Deputies who have spoken on this issue for their thoughtful and sincere contributions. I hope Deputies Kate O’Connell and Richard Boyd Barrett will not mind my singling them out in appreciation of their sharing of their personal stories. One would have to be made of stone not to have been moved by the tone of their voices when they were speaking and sharing such traumatic experiences.

I wish to add my voice to the concerns expressed by the Minister, Deputy Harris, for pregnant women and their families who must deal with the diagnosis of fatal foetal abnormality. I heard the contributions of the Deputies with personal experience and those whose constituents have had such experiences. Those who have not had the experience can only imagine the sadness experienced on hearing the diagnosis.

Many of the contributors to the debate suggested that Article 40.3.3° needs to be revisited. They have different views on how to strike the right balance regarding what they would wish to see in any final proposals to amend or remove the eighth amendment from our Constitution.

I wish to respond to a couple of points made. The Government, including the Minister for Health, takes his obligations in regard to the views of the UN Human Rights Committee most seriously. It will certainly be ensuring a response is returned within the obligatory 180 days. The Minister outlined clearly that he is considering, within the law, what other services and responses can be put in place to help women with a prenatal diagnosis of fatal foetal abnormality. It is important we acknowledge that.

Mention was made of the opinion from the Attorney General. We must acknowledge that the Attorney General is the legal adviser to the Government. The Minister has fully reflected that legal opinion in his speech this evening. If anybody has not read that, he or she should avail of the opportunity to do so.

The Government’s decision in view of the commitment in the programme for a partnership Government to establish a citizens’ assembly to make recommendations to the Dáil on further constitutional changes, including on the eighth amendment, is the way to move forward. As one heard earlier, it will be established earlier than we had anticipated.

The issue of fatal foetal abnormality and the views of the UN Human Rights Committee can be considered as part of this process. The citizens’ assembly will be set up very shortly, and consideration of the eighth amendment will be the first matter it will be asked to address. It will be given a specific timeframe, as outlined earlier, in which to report back to us. It is for this reason and the reasons the Minister outlined earlier that I cannot support this Bill. We must take the legal advice of the Attorney General seriously and try to do what is best for the women of this country without making any decisions that will cause further difficulties for them. When the decision is made, it should be made with the women at the heart of it. I hope this will be done sooner rather than later.

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