Michael Harty (Clare, Independent) | Oireachtas source

The eighth amendment states: "The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right". The Protection of Life During Pregnancy Act 2013 defines the circumstances under which termination of pregnancy is allowed, namely, pregnancy endangering the life of the mother, including through a risk of suicide. Deputy Bríd Smith is correct in stating the 14-year sentence for a woman procuring an abortion in this country is harsh. I believe a referendum will be put to the people regarding repeal of the eighth amendment, and it would be absolutely correct because this is a very important decision which must be decided by the people. It is a very important social issue which cannot be decided other than by the people. I am not in favour of termination of pregnancy on demand, but neither am I in favour of prosecuting a woman with a potential 14-year sentence.

Advances in medicine have now developed to the extent that one does not need to go into hospital to have a termination of pregnancy. One can have a medical termination at home, certainly early in pregnancy, and this makes the procurement of a termination a much more vague process. This is as much a moral issue as a social, medical and legal issue and it is becoming more complicated as time goes on. If it were easy to resolve, we would have resolved it long before now.

Regarding the Bill before us, criminalising women in vulnerable situations is harsh and uncaring. I would not be able to carry out an abortion other than for medical reasons to preserve the life of the mother. That is my personal feeling. Balancing the right to life of the mother and the child is virtually impossible. I believe both have a right to life, not one or the other. The hard choices inevitably must be made so, by taking the moral, medical, social and legal considerations into account, each situation must be judged by its own individual merits. I agree that women should not be criminalised but disagree that abortion on demand should be available. A life is a life.

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