Dáil debates

Friday, 9 March 2018

An Bille um an Séú Leasú is Tríocha ar an mBunreacht 2018: An Dara Céim - Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage

 

3:20 pm

Photo of Fiona O'LoughlinFiona O'Loughlin (Kildare South, Fianna Fail) | Oireachtas source

I disagree with the comments of my colleague, Deputy O'Keeffe, but I respect his views and his right to air them in the House and elsewhere because there is no doubt that any debate on the eighth amendment is very divisive. We can see the evidence of that within families, communities and political parties. We have had the opportunity to listen to much debate on the issue. Most of the debate in the House has been very respectful and understanding of the views of other Deputies, which is very important. It is an opportunity for a reasoned and respectful debate and it is to be hoped the same will pertain outside the House.

For any of us to have a real understanding of what the eight amendment is about, we must walk in the shoes of women who face or have faced a crisis pregnancy, those of their partners and those of doctors who have worked under conditions that were not always clear cut. There is no doubt the eighth amendment could be viewed as a platform for massive inequality, given that the last vote on the matter was in 1983 and that the women whose lives are today directly affected by the amendment have never had the opportunity to vote upon it. Very few women of childbearing age have had the opportunity to vote on it. Life has changed, as has the world and people's life experience. In the past ten years, my views on and understanding of the situation have changed. We cannot get away from the fact that reports from the UK Department of Health and Social Care indicate that at least ten Irish women a day travel to the United Kingdom, without medical help or family support, for abortions and put themselves to huge cost in so doing. There were more than 4,000 such journeys last year, with 5% of the women involved giving my home county of Kildare as their address. Free will, responsibility and choice are very powerful. Using that choice and free will to make the right decision for oneself is important. My choice may not be that another woman would make, and vice versa.

For almost all women, unless they have gone through a horrific situation of rape or incest, to hear that they are to give birth nine months hence is a cause of great joy and for many it is the most wonderful news they could hope to hear. However, to then get the tragic and sad news that the baby may not survive past birth is an awful situation and I could not dictate to any woman in such a situation how she should feel, deal with that crisis or what she should do.

Ireland is a very caring nation and a referendum, vote or amendment on an issue such as this will never please everybody. However, we have a duty to try to do the right thing and give the best information possible to the people of the country to assist them to make their decision. As a society, we know far more than we did 30 years ago and have learned much about ourselves as a nation.

Ireland now welcomes people from other nations of the world and is required to welcome those fleeing war, abuse, death or violence. Such people arrive to a country that has very little choice and many restrictions in terms of abortion. Although Irish women have the choice to make the difficult decision to leave Ireland and have a termination, there are women living in Ireland who cannot leave this country and that choice is, therefore, removed from them. However, I do not think any woman makes such a choice lightly.

Everyone contributing to this debate is entitled to express an opinion without being labelled pro-life or pro-choice. As far as I can see, everyone, including myself, is pro-life but to be labelled as one or the other can cause great disrespect. We must ensure that every woman who has a crisis pregnancy has the opportunity to deal with that pregnancy and, it is to be hoped, the State would provide the help and support needed to cope with a baby, possibly in adverse circumstances.

A referendum is the right way to go. However, we have to be clear and unambiguous about the wording that would replace the current wording. Thankfully my political party, Fianna Fáil, has agreed that Deputies and Senators will have a vote of conscience. That is why myself and Deputy O'Keeffe can share this speaking time and come from completely different views.

I looked at the policy paper published yesterday by the Government and there are a few items worthy of note. The key thing is that the question of whether to amend the Constitution is for the Irish people to consider and determine by way of referendum. The policy paper is important. Obviously, it is only relevant in the event that the proposed referendum on Article 40.3.3° is passed. It is important this information is out there now. The 21 policies listed will require further scrutiny, refinement and definition, taking into account legal advice. I want to refer to three in particular, policies Nos. 1, 2 and 14.

Policy No. 1 refers to the termination of pregnancy on the grounds of a risk to health, which includes the risk to the life, of pregnant women. That is so important. Policy No. 2 refers to making no distinction between a risk to the physical health and the mental health of a woman. I think that is crucially important. In respect of policy No. 14, the general scheme would provide for conscientious objection, in line with that provided with the Protection of Life during Pregnancy Act 2013. That is also important. Medical professionals who do have a conscientious objection to dealing with the possibility of a termination would have the right to remove themselves and another medical professional would be recommended.

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