Dáil debates

Wednesday, 15 December 2021

Health (Regulation of Termination of Pregnancy) (Foetal Pain Relief) Bill 2021: Second Stage [Private Members]

 

10:32 am

Photo of Richard O'DonoghueRichard O'Donoghue (Limerick County, Independent) | Oireachtas source

I am pleased to have co-sponsored and to speak today in favour of the Health (Regulation of Termination of Pregnancy) (Foetal Pain Relief) Bill 2021. I strongly believe in the principles of this important legislation. It is rooted in caring principles of avoiding unnecessary pain and suffering. This Bill would ensure that pain relief medicine is provided to unborn babies in late-term abortion situations. This Bill should be judged on its specific merits and not as a replay of the 2018 abortion referendum. At present, the Health (Regulation of Termination of Pregnancy) Act 2018 does not include provisions which ensure that pain relief medicine is provided to unborn children in abortions. Late-term abortions are happening after 12 weeks across Ireland under several circumstances set out in the 2018 Act. This is the primary cause of concern as recent scientific and medical evidence details that unborn children in late-term abortions have developed significantly enough to experience pain. The most recent scientific evidence indicates that unborn babies have the capacity to feel something like pain from 12 weeks of gestation.

As revealed in the 2020 article by Professor Stuart Derbyshire and John Bockmann, there exists significant literature which has long asserted that, from 20 weeks or earlier, unborn babies can feel. Recognising this reality, many countries have introduced foetal pain relief for unborn babies, such as prior to spina bifida surgery. In France, 97% of late-term abortions are performed with the inclusion of pain relief medicine. This compelling scientific evidence has led me to conclude that there is a sufficient basis to claim that unborn babies experience pain during late-term abortions. Scientific arguments debate the exact time at which babies can experience pain. The introduction of precautionary measures to eliminate the potential altogether is a wise provision.

I reiterate that this Bill should be judged on its specific merits and not be a replay of the 2018 abortion referendum. Following that referendum, a clause was inserted in the Constitution that the Oireachtas may legislate for issues relating to unborn children. That compels us to legislate to critically evaluate operations on the unborn. Provisions are lacking and should be amended post-haste. I take this position on humanitarian and ethical grounds, backed up by scientific evidence. This Bill offers genuine compassion. I appeal to all my parliamentary colleagues to join me by voting for this Bill and ensuring that it reaches Committee Stage. Hopefully it will progress beyond that to become law, a Private Member's Bill from the Rural Independent Group entitled an Act to provide for pain relief for the foetus in certain cases of termination of pregnancy; and to provide for related matters.

I hoped that the Minister would not table an amendment to this. By tabling the amendment, he is putting his fellow Deputies and party members under the whip. I want an open, transparent vote on this. I would like the Minister to remove his amendment and to allow everyone in this House the right to vote on the Rural Independent Group's Bill. I ask the Minister to do that and to let every Deputy in this House have an open vote, without producing the whip. I ask the Minister to do that on humanitarian grounds. Let everyone in this House have a voice of their own without the whip. I ask the Minister to withdraw his amendment. Let the Rural Independent Group's Bill go and let everyone in this House answer the people of Ireland truthfully.

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