Barry Cowen (Offaly, Fianna Fail) | Oireachtas source

On several occasions in the past week I have attempted to put together the correct words to adequately respond to this report. It has been an agonising and most difficult experience. The process put in place by the previous Government involved the provision of a citizens' assembly to review and make recommendations surrounding the suitability or otherwise of the eighth amendment. It was then for the Oireachtas to examine those recommendations and report accordingly. The Oireachtas committee was formed and approved, and it set out to examine and consider the assembly's recommendations. In doing so, it considered the professional expert evidence, advice and consideration of relevant medical and legal opinion. Thus, having assimilated, asked questions on, scrutinised and considered all the information that emanated from that process, it made its own recommendations in the report before the House.

All members of the committee, whether they were part of the final consensus or not, have to be thanked and commended on taking upon themselves such a body of work on behalf of the rest of us. We, because of their work, are now in a far more informed position to reflect on the suitability of the eighth amendment in the Constitution for the Ireland we live in today and, consequently, ask the Irish people to do likewise.

Politics is a challenging career. It is a very demanding profession. It can and does place a great strain on one's life, particularly family life. As technology and advancements in communication methods improve, one has the opportunity, at least, to strike a balance. As we all know, there is an innate decency in the Irish people who, in the main, recognise hard work, effort and commitment. The greatest reward in politics I believe is to enter Government to enact policy to support the people via electoral success. Those who went before us created and provided the foundations for that democracy. They achieved our independence and gave the Dáil its powers, and ensured the generations who came after had the opportunity to realise their various wishes and aspirations. Those aspirations were, and are, evident in the 1916 Proclamation, the declaration of independence in 1919, the Constitution of 1937 and the Republic of Ireland Act 1948.

The Constitution is the legal document that sets out how Ireland should be governed. It lays out the powers of the Legislature, the oversight of the courts and, most importantly, as others have referred to, the people's sovereign right to amend it. Society itself, let alone Irish society, has changed greatly since 1937. Each generation has learned from its predecessors. No one generation has had the monopoly on solutions to societal change. Our generation at this juncture has a huge responsibility to meet what could be described as the greatest possible societal challenge.

It is faced with seeking to separate, equate or measure the health, life and death of women and the unborn. This is a challenge that has tortured the minds of this nation. It is a challenge we thought was met by the amendment and Article 40.3.3°. We all cherish the lives of women and children and we would want our Constitution, our courts, our Dáil and our people to be proud of that. Unfortunately, that utopia has not materialised so far in the way one would wish. We must now again seek to address these matters in a way that is balanced, respectful and real. I am prepared to meet that challenge as best I can. I would rather if I did not have to do it in my lifetime, to be honest, but nonetheless I will face that challenge. I doubt many people in the electorate will relish the prospect either of an upcoming referendum on the matter.

I was the beneficiary of a loving and cherished childhood. My character was shaped by my family, community, schools, church, various cultures and sport. It was later enhanced in work, marriage and parenting. That combination has made me what I am today. I am no more perfect than anybody else here but I have a value system. I like to think I can tell the difference between right and wrong. All Members of the Dáil are or should be republicans, respecting the views, rights and aspirations of everybody, among other things.

I am also a proud member of the Fianna Fáil Party and I acknowledge, on matters of conscience, that Fianna Fáil afforded its members, irrespective of one's position or rank in the parliamentary party or outside it, the right to a personal position. This was intentional and the surprise in some quarters that all our members do not have the same position on whether the eighth amendment should be repealed or altered, or whether the Oireachtas should be afforded the privilege to legislate on the matter, is difficult to comprehend. The difference of opinion in Fianna Fáil is merely reflective of the difference of opinion within society and all political parties, organisations, communities and even families. If our detractors believe such differences afford the opportunity to divide us or create a rift while undermining us, they are wrong. Our republicanism will outshine those efforts. Not only has it been evident within our parliamentary party, but it will be evident at every crossroads in the country when our cumainn sit down to discuss it also. The correct forum for Members of the House to respond to this report is in this Chamber. Here, the record will indicate the context, thought process, logic, reason and detail of one's personal and individual decision. It cannot be misinterpreted or misrepresented here and it will not be disputed.

I should make it clear that terminations in every circumstance are traumatic and unimaginable for me. These are terribly difficult decisions for any woman to make. Nobody would make such a decision easily or lightly. The debate on this matter has often painted women in a very negative light and it is time that stopped. We must stop at least the name calling and judgments. It is time to protect and assist women. Having read the report it is clear that repealing the amendment is essential to providing adequate health care for women. It is also essential for doctors to do their duties as they see fit.

Since becoming a Deputy I have been present as the State offered apologies to the women of the Magdalen laundries and, more recently, to Joanna Hayes, the woman at the centre of the Kerry babies case. I have only been a Deputy for seven years but I have come to realise the horrors inflicted on women - particularly and crucially, pregnant women - in this State. I cannot think one thing and state another. I cannot stand by and allow similar mistakes to be made as we saw in the past. I have heard stories, as many Members have and recalled during the course of this debate, of women who were the victims of the most heinous acts of rape and incest. I have heard incidents of where women and couples received the most tragic diagnosis of fatal foetal abnormality. While every effort, support and assistance for mental and physical health should be afforded at every opportunity to seek to allow a pregnancy to continue, I do not accept it is my right or anybody else's to force such women to carry a pregnancy they do not want or where a baby will not survive outside the womb.

There are people who say they want change in cases of rape, incest and fatal foetal abnormalities but do not agree with repeal. I ask them, honestly and earnestly, to offer an alternative solution. They should be mindful that the report tells us that the Oireachtas committee examined this matter for four months and could not find a solution, despite having the best medical and legal expertise. It could not be done while retaining the eighth amendment or involving legislation. Legislating for cases involving rape and incest is not possible as a woman would have to prove she is a victim of heinous crimes. It would be unfair for some people to give the impression they have compassion for these women, while seeking to further traumatise them in this way. There is an absence of alternative solutions and knowledge that legal certainties cannot bring proof of rape or incest. The State has been exposed in violating human rights in the Mellet and Whelan cases and there is a dreaded fear about the unregulated provision of abortion pills from the Internet, which in time could replicate the sort of trauma and terrible tragedy that befell the nation on the death of Savita Halappanavar. It is the sort of vista facing us if we do not deal with the matter now.

It would be much simpler for me if I did not go into great depth, was not of inquisitive mind and did not take my job seriously. It would be easier if I did not study this or take on board the medical expertise from obstetricians and legal experts who have studied the Constitution and know about legislation. I must accept the findings of the committee. The Government must now bring forward its considered verdict as to how best to formulate the question of repeal for the Irish people. It is the duty and obligation of the Government, via the referendum commission, to adequately and appropriately inform the Irish people of all the relevant professional, expert, medical and legal advice necessary so as to ensure that an informed electorate can give their verdict. This electorate is not necessarily divided in an urban-rural way or by young and old. This electorate will be adequately armed to ensure a respectful debate and discourse. That will maximise the potential that the result for the nation and its Dáil can be respected and acted upon.

5 o’clock

I sincerely hope the debate on this issue, the forthcoming referendum and what may follow will not be politicised. I attended an ICTU conference on housing last Tuesday. I had been asked by my party to inform the conference of our policy and resolutions should we attain office in government. Yesterday, I spoke in favour of a Fianna Fáil motion on the pay inequality issue for young teachers, its effect on their morale, the ability to do their job and to meet the demands of society, and the costs associated with that for them. My ability to work on behalf of my constituents will not be diminished because of my opinions on this issue. I remain committed to working in the Dáil on behalf of my constituents and I will not take kindly to political opponents in my constituency or elsewhere seeking to use this issue alone as a reason to influence voters when there are elections to the Dáil. That is a cheap politicisation of a complex and personal matter, and I believe it will not rest easily with reasonable people.

In conclusion, I again acknowledge the work of those who took it upon themselves to act on our behalf and in our best interests in placing this report before the Dáil. I encourage all Members to make their views known. Each of us has only one vote in the referendum but it is seldom a responsibility of this magnitude is placed on people who are lucky enough to be Members. It is time to show the methodology and reasoning that went into forming one's opinion and conscience on this issue. We owe that, to ensure the electorate and general public are as informed as we were, by whatever means necessary, so they can make a decision they can stand over and be happy with. I, like the rest of the Members who have signed up to this democratic process, will abide by the people's final decision.

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