Dáil debates

Wednesday, 28 November 2018

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

 

8:30 pm

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I move amendment No. 14:

In page 9, to delete lines 10 to 12.

I will discuss amendments Nos. 14 and 18 together. These are the amendments I tabled on Committee Stage in an effort make the legal situation around what happens when a foetus becomes viable very clear. The legislation requires some thinking through to get there. A number of people whose views on the legislation vary widely have asked me for clarity. The Bill states that a termination is only allowable where the foetus has not reached viability. The direct inference from that is that once a foetus has reached viability, a termination of pregnancy, which is defined in the Bill as ending the life of the foetus, is no longer allowable under the legislation. That is my understanding but one must read through the Bill and make that extra logical step. I asked that clarity be provided in the explanatory memorandum and the Minister has done that.

Can the Minister confirm on the record whether my understanding is correct? Some people have a fear that a viable foetus could have its life ended, but my understanding is that this is expressly prohibited. In fairness to the Minister, he confirmed my understanding on Committee Stage but I am seeking confirmation again that it is correct. That understanding is that once a foetus has become viable, termination of pregnancy is no longer possible. If a pregnancy must be ended to protect the mother, the baby will be delivered and everything will be done to keep the baby alive in the same way as if it was a premature birth. We would not have a circumstance in which a termination of pregnancy would be carried out when a foetus had reached viability. In other words, a viable foetus would not have its life ended. I would appreciate if the Minister could tell me whether my understanding is correct, incorrect or correct with caveats.

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