Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I thank the Acting Chairman for the opportunity to speak in this important debate on the eighth amendment of the Constitution. I am very conscious that we are discussing a sensitive and complex subject. I am fully aware there is a wide range of views within this House and throughout our country on this issue but I am heartened by the tone of the debate so far, and I hope it is possible for us to continue to have a respectful and considerate debate. My personal position is that constitutional reform is necessary and I support the repeal of the eighth amendment. I also strongly support a woman's right to bodily autonomy. The Joint Committee on the Eighth Amendment of the Constitution and the Citizens' Assembly before it have shown us a good example in this regard. While the views of their members may have been different, the debate never became personal. Today, each of us is approaching the issue from a position of wanting to contribute to the common good and do what is best for the people of Ireland.

I wish to make one point about the debate on the repeal of the eighth amendment and using Down's syndrome to present one's views. This is very disrespectful to children and adults with Down's syndrome and our families. It is also causing a lot of stress to parents. People with Down's syndrome should not be used as an argument by either side of the debate. It is up to each individual to make his or her own decision as to which way he or she will vote in the upcoming referendum. I ask all sides not to exploit children and adults with Down's syndrome to promote their own views. I speak as a parent of a daughter with Down's syndrome. Our children and fellow parents listen to the radio, watch the TV and read the media articles, and the tone of this debate is crucial. Respect must be top of the agenda.

Before getting into the substance of their recommendations, I wish to take a moment to commend all the members of the Joint Committee on the Eighth Amendment of the Constitution on their work and to thank them all for their contributions. Senator Catherine Noone, in particular, must be thanked for her calm and balanced handling of the issue as Chairman. I also commend the chair of the Citizens' Assembly, Ms Justice Mary Laffoy, and the members for their careful deliberations and valuable contributions. As we all know, addressing the legal position on termination of pregnancy in Ireland would require a change to our Constitution. Last year, the Government put in place a process to examine Article 40.3.3°. A Citizens' Assembly was established, its first order of business being to consider the eighth amendment of the Constitution, Article 40.3.3°. The all-party Joint Committee on the Eighth Amendment of the Constitution was then established by the Oireachtas to consider the Citizens' Assembly report and its recommendations. I note that the recommendations contained in the committee's report represent the views of the majority of members but that there was not unanimous agreement on them, and I respect the views of those who dissented from the final report.

The main conclusion of the committee's work is that change is needed to extend the grounds for lawful termination of pregnancy in the State. In order to effect that change, the committee recommended that Article 40.3.3° be removed from the Constitution. The committee went on to make recommendations as to the grounds on which termination of pregnancy should be permitted in Ireland if Article 40.3.3° were repealed. In the first instance, the committee recommended that termination of pregnancy should be lawful where the life or health of the pregnant woman is at risk, without any distinction between risk to physical health and risk to mental health. The committee recommended that assessments be made by no fewer than two specialist physicians and that gestational limits be guided by the best available medical evidence. Second, the committee accepted that it should be lawful to terminate a pregnancy that is the result of rape or sexual assault. However, there were concerns about the practicality of including rape as a ground in legislation. The committee was therefore of the opinion that it would be more appropriate to deal with the grounds of rape and sexual assault by permitting termination of pregnancy with no restriction as to reason up to 12 weeks' gestation, provided it is availed of through a GP-led service and delivered in a clinical context.

The committee recommended that where the unborn child is diagnosed with a foetal abnormality that is likely to result in death before or shortly after birth, it should be lawful to terminate the pregnancy, without gestational limit. Where there is a diagnosis of a foetal abnormality that is not likely to result in death before or shortly after birth, the committee recommended that the law should not provide for termination of pregnancy.

This deals with the issue of disabilities also. This is a different recommendation from that put forward by the Citizens' Assembly, which proposed permitting the procedure up to 22 weeks gestation in such cases. I emphasise this because I hope the divergence between the Citizens' Assembly and the committee will help to reassure people about the careful consideration the committee gave to this issue.

In speaking on this point, I acknowledge the statement made yesterday by Down Syndrome Ireland. It has asked that campaigners on both sides of the debate refrain from using people with Down's syndrome as an argument or in presenting their views. I agree that to do so is disrespectful to children and adults with Down's syndrome and to their families. As Minister of State with responsibility for disabilities, I echo its call for the tone of the debate to be respectful towards all people with disabilities.

In my position as Minister of State, I also emphasise that I attach particular importance to the committee’s statement that the State should provide specific resources so there are social supports for parents and better facilities for people whose children have special needs. This is a very important statement in the committee's report. We have to put in the resources for all children and adults with disabilities if we are to live up to the expectations of the committee's report.

The majority of members of the committee accepted the five ancillary recommendations set out by the Citizens' Assembly in its final report. They also made recommendations of their own, focusing on decriminalising abortion, free access to contraception, comprehensive sex education, and obstetric care and counselling. The Government is fully committed to ensuring that all women accessing maternity services should receive the same standard of safe, high quality care. Every woman from every corner of Ireland should expect, and be able to access, the maternity services she needs. The implementation of the national maternity strategy, Creating a Better Future Together, will, I am sure, help this aim to be realised.

Officials in the Department of Health, under the chairmanship of the chief medical officer, have established a group to address the recommendations and formulate an effective and comprehensive response to the issues raised by the committee in its ancillary recommendations. The group will cover the following areas in the Department itself and in the HSE: sexual health, primary care, acute hospitals, disability services and mental health, as well as any other areas subsequently deemed relevant.

I consider myself to be from the tradition of Wolfe Tone and the late Tony Gregory regarding an Ireland of Catholic, Protestant and Dissenter, with equality and diversity at the heart of our politics. Sometimes we are presented with the most difficult and challenging problems to deal with, areas in which the way forward may not seem clear cut. In these circumstances, I believe our health care professionals are best placed to advise on the optimal treatment options. We should allow them, in consultation with women, to exercise the clinical judgment and highest standards of medical practice which we know they uphold daily.

I stress again the need for all of us to recognise the sensitivities involved and for our discourse to be respectful of differing views and considerate of those who may be affected.

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