Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I would like to say to colleagues that I have always approached, and continued to approach, the issue of abortion and the right to life in a compassionate and responsible way and I genuinely respect all opinions on a matter that is very personal to thousands, if not millions, of people. I thank in particular all those who have been in contact with me in recent weeks, particularly since the publication of the report - people with very different and divergent views on this matter, all of which I respect. I am not saying I have the answer to everything or that I am right about everything. I hope the debate continues in what has been in the main a very respectful and adult fashion because this is a crucially important issue.

This debate is taking place in the absence of any Government proposal or indeed any real view given by the Taoiseach or a number of his senior Cabinet Ministers. While this is a debate on the Oireachtas committee's report, it is not a debate on the proposal that will come from Government. I further acknowledge that my party has had a conscience vote on this matter since 2013. I commend in particular my party leader on his very honest and forthright views which he put forward last week. Where there is a free vote within in a party, it means just that - that people are open to express their own views on what is, whatever way one looks at it, a life-and-death issue. I take this matter extremely seriously and I have had many discussions with my family, friends and constituents. I do not mind saying I have had a number of very difficult days and discussions on this.

I have read the report in detail. It makes a number of very important recommendations on the areas of sexual health and relationships education, including access to contraception and education. It highlights very clearly under-resourced psychiatric services for pregnant women and the real need for greater investment in mental health services, particularly for those who are pregnant, including those with crisis pregnancies. It also highlights very clearly the lack of education in many of these areas and the lack of uniformity across our schools as to how sex education is taught, the increase in sexually transmitted infections, STIs, and various other elements that relate to health, including sexual health, in this country. The report is not silent on this and that should not be forgotten.

The fundamental issue dealt with in the report is Article 40.3.3° and the committee's recommendation simply to repeal it and take the protection that is there, imperfect as it may be, completely out of the Constitution. I am aware of many of the heartbreaking cases that have come to public attention in recent years. It is really important, though, that as a country we not only protect and provide for the life and health of the mother, but also do our best, as it is incumbent upon us, to protect the life of the child. It is not an easy balance to strike, particularly in cases of fatal foetal abnormality and crisis pregnancies, but these protections are best enshrined in our Constitution. This is why the recommendation from the committee simply to remove Article 40.3.3°, repeal the eighth amendment and leave it solely to the Oireachtas to legislate in the future is something I am deeply uncomfortable with and cannot support. There would be no barrier to any future Oireachtas, as far as I can see, restricting the provision not simply to 12 weeks, but to 16 weeks, 20 weeks and so on. This is a big issue for me.

Regarding referendums, changes to Bunreacht na hÉireann are sovereign to the people. If we are simply to repeal the eighth amendment, it would mean that people would have no say in the future on this. However, as a democrat, I will put it to the House this way: I certainly do not fear a referendum. A referendum on this issue will happen and, as a democrat, I will accept fully the vote of the people in such a future referendum. I have no difficulty in saying that. However, the irony is that the people would be asked to give away their rights and give away a right within the Constitution by voting it away in a referendum. While this is an extremely complex and personal matter, and one to which I intend to return when the Government actually publishes its proposals and when it has received the relevant legal advice, the simple removal of Article 40.3.3° and repeal of the eighth amendment is not something I can support.

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