Dáil debates

Wednesday, 17 October 2018

Health (Regulation of Termination of Pregnancy) Bill 2018: Second Stage (Resumed)

 

5:55 pm

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent) | Oireachtas source

There must be a requirement that all reasonable care be given to a baby born alive, perhaps after a failed abortion or an early termination under the grounds outlined in the legislation, to give it a chance to survive. Surely a living baby who has been born is, in legal terms, a citizen of the State who deserves all of the protection and support to which he or she should be entitled. We have heard too many times about cases in other jurisdictions in which babies have been left to die. Surely there would be broad support for an amendment that would rule out such inhumane treatment.

The term "fatal foetal abnormality" has been used too loosely. There may be public support for babies with such abnormalities who will die just before or at birth being terminated but not for babies who may live for days, months or even years after birth being terminated. It is too limiting to suggest, as the legislation does, that if "extraordinary" measures have to be used to keep these babies alive, they need not be taken. Measures that could be classified as "extraordinary" are being used on a regular basis in intensive care units in maternity hospitals to give unfortunate babies a chance at life. Such heroic and lifesaving efforts are being highlighted in RTÉ's ongoing series "The Rotunda".

We should support amendments that would ensure the promotion of positive alternatives to abortion such as adoption and financial support for mothers who wish to keep their babies and fear they might not be able to cope without such support. Surveys have shown that women often feel forced into having an abortion because they have no choice. If the legislation was amended appropriately, it could reduce or remove these temporary pressures.

We must also guard against abuses such as abortion on disability or sex-selective grounds. There are no specific provisions included in the Bill that allow for abortion on such grounds. Unfortunately, there is no specific ban on such abuses. In the case of disability, there is a real danger that an abortion will take place on mental health grounds. In effect, a woman will be allowed to have an abortion because she fears it will be too stressful to have a disabled child. We learned from media debates during the referendum campaign that this was already happening in approximately half of cases, including in cases in which Down's syndrome was detected in unborn babies. If we are to make sure we get this right, it is important that we have a thorough debate. I remind the Minister that before the referendum he promised that we would have such a debate. We must not make the mistake of rushing legislation without thinking it through first. Future generations will not thank us for getting this wrong or creating a new scandal in the future, even as we lament current scandals of a similar nature.

What I say I mean and what I mean I say. I have concerns and worries. At the same time, I fully respect the way the majority of people voted when the vote took place. I am not going against it. All I am saying is that even some of those who voted in favour of repeal have concerns. They have asked us, as legislators, to deal with this difficult subject. I am asking us to deal with it in a responsible, intelligent, thoughtful and compassionate way.

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