Enda Kenny (Mayo, Fine Gael) | Oireachtas source

These are all harrowing tales that Deputy Daly raises today. I get similar communications from women all over the country. This is our Ireland. It is an Ireland that is subject to a constitution, which is voted on by the people. In the 1980s that vote was taken by the people and the interpretation of its meaning was made by the Supreme Court. This impacts on people’s lives. I want to try to change that and in order to do that I have to build consensus, understanding and information for people who will have to vote if that be so to change the Constitution one way or the other.

It is not a case of me as a citizen standing here, blocking anything. We have put into the programme for Government a process which can be gone through rationally and in a common sense way, taking into account the changing attitudes and the sensitivities of so many people. The Deputy may not appreciate that. I understand her point of view. She has been very forthright about it. She has stated her views here very cogently on many occasions. Unfortunately for her, she cannot change the Constitution unless she has the opportunity to cast her vote along with the citizens. For that reason the process I have set out is one that will return here to the legislators elected by the people to cast their vote in a free way, according to their consciences. If that recommendation is for a referendum to deal with the eighth amendment in whatever form then so be it, that vote will take place and that is the only way it can be changed. While the Attorney General, as I told Deputy Howlin yesterday, is the only legal adviser to the Government under the Constitution, I accept that. It is of course the Supreme Court at the end of the day which interprets what the Constitution means. I have included as a central part of the programme for Government the citizens' assembly and a reflection in the first instance on the eighth amendment, taking into account many of the stories the Deputy has outlined and reference back to the Oireachtas.

While Deputy Daly has been forthright here, according to the medical assessments of what is contained in Deputy Wallace’s Bill it will not be touched by any medic in the country. This Bill is not good for women: it is bad for women. It is inadequate and that means that it does not answer the question the good lady asked in her letter to the Deputy. I have set out a process by which collectively we can reflect on this and eventually the people might be asked to make a decision. That is the only way the Deputy’s Constitution can be amended or changed. I do share Deputy Daly’s view that the services surrounding these events and instances should be improved. We want to make arrangements that it be so. The central issue is that if a child is born for whatever short length of time Article 40.3.3o kicks in and that is the challenge. That is what needs to be talked about and understood. That is why those at the top of the medical profession say that while Deputy Wallace might have the principle right in the Bill, the substance and the way it is phrased are grossly and wholly inadequate.

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