Pearse Doherty (Donegal, Sinn Fein)
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I am happy to have this opportunity this evening to add my voice to this debate on what is, as we can all agree, a very important issue, the repeal of the eighth amendment to the Constitution.

It will come as no surprise to the House to learn that I, like them, continue to be lobbied on an almost daily basis by groups and individuals on both sides of this debate - by those who are in favour of repealing the eighth amendment and by those who wish to retain it. Like all of the Members who have contributed and spoken here in this debate on previous occasions, I, too, have my own personally held views on the issue of abortion. While my views are no greater or no more worthy of mention than those of anyone else, as a legislator I have a fundamental duty to ensure that it is the voice of the people that wins out and that it is their will that is done.

On that note, and putting aside the arguments of conscience and rights for a second, it is critical that we strip this debate back and look at it more fundamentally because whether one opposes abortion outright or one believes in a woman's right to choose, the eighth amendment to the Constitution does little, if anything, to promote either of those causes. Instead, the eighth amendment is a provision which effectively serves solely to criminalise women who, for whatever the reason, have made a conscious decision to end a pregnancy. It criminalises any decision regardless of whether the life of the mother is at risk should she carry the child to term or where she has been the victim of a dreadful crime, such as rape or incest. What logical reason then is there to punish that person further by criminalising her in the eyes of the law? There is no compassion or sense of decency in inflicting yet more suffering on such a person, yet that is exactly what the eighth amendment does. This being the case, what reason is there not to support its repeal?

Moving away from that basic fact, however, we must further ask ourselves the question as to why anyone, including Members of the House, should have the right to impose his or her views on another person. Surely, if we truly believe in the ability of the women of Ireland to determine their own fates and to decide their own destinies, why should we not trust them enough to make up their own minds when it comes to an issue as important as this?

For our part, my party and I have been unambiguous in our position in respect of the eighth amendment. Sinn Féin supports its repeal. This is the stance which reflects the overwhelming view of the majority of our members and is, I believe, the stance that reflects the overwhelming view of the majority of the citizens of this State because, ideological differences and matters of personal conscience aside, the issue of abortion is an important matter of public health, of women's health and women's health care more broadly.

While I do not believe for one second that the subject of abortion is a clear-cut, black-and-white issue, it is one which nonetheless requires an open, honest and balanced debate. The debate must be inclusive and we must hear all the views and arguments put forward by all sides while, above all else, remaining mindful and respectful of one another. This is why this referendum on the repeal of the eighth amendment must be held as soon as possible in order that the people will finally have their say. This subject is by its very nature emotive and often divisive and polarises public opinion. Notwithstanding the diverging stances which have been adopted by the various sides on this issue, one cannot deny that the arguments being made by all sides are worthy of consideration. I sincerely hope, whatever the result of the forthcoming referendum - and I hope it will be to repeal the eighth amendment - that the debate which precedes it is tolerant, compassionate and respectful of all who choose to partake in it.

Eugene Murphy (Roscommon-Galway, Fianna Fail)
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Is anyone else who has not already spoken offering to contribute to the debate? I call Deputy Fitzmaurice.

Michael Fitzmaurice (Roscommon-Galway, Independent)
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I welcome the opportunity to speak on this debate. Across the House, regardless of people's views on this, we need a reasoned debate and respect, as Members of all sides have pointed out. As many Deputies, Senators and other people in public life know from some of the emails and other material we receive, there are people on both sides of the debate whose correspondence is not helpful or in the spirit of reasoned and respectful debate. However, every Deputy, regardless of which side of this debate he or she is on, must contend with this. I fear that over the coming months, as different sides get entrenched in the debate, it will cause a fierce split. We as politicians need to ensure we show leadership, regardless of which side we are on, and that we have this debate in a reasoned and fair manner in which both sides of this argument - this is very important - get fair hearings and that it is not lopsided in any way.

From listening to people in recent weeks, if one does the tallying, it looks like this will go to a referendum. While people might not agree with this, the Irish people will probably go to the polls to decide the matter in May or June, whenever the Minister has the legislative process in place. From talking to people, I understand there are grave concerns out there. I have made my position very clear: I am opposed to this. I worry about the way we are going with the Attorney General's advice - I know it is not the Minister's. From listening to what the Minister has said - and I was on a programme with him - I understand it will now basically be removed, that the Irish people will not have a vote on the matter again and that it will be put into the hands of the political class now and into the future to deal with whatever legislative process or times or limits are put on it. There is a genuine worry about this. It is not that people will brand the present Government or future Governments, but down the road we do not know how far this will go. There is concern among many people about the proposals. I know there is nothing definite yet as to what the legislation will look like, but I think the 12-weeks issue is a big worry for many people, to put it very bluntly.

We want to ensure our debate is reasoned. I have heard about people who have disabilities and so on. It is important that wild statements are not made but also that people do not deny accuracies in statements that are made. I worry about Denmark. I think it is Denmark that has basically stated how it sees its people with disabilities into the future, and that is a worry for everyone. The people of Ireland need to be told very clearly that when they go to the polls for the referendum this time, they will decide once and for all whether to give power to Members of the Dáil to legislate in this area. It is important, as with most other decisions that are of importance to the country, that people get the opportunity of a referendum. I know it has been 35 years since the 1983 referendum and that some people never got the chance to vote on this. However, we are going in a worrying direction in that the ability of the Irish people, and not their elected representatives, to decide will be over once and for all. There is a concern that the law may become more and more liberal, according to people to whom I have been talking. We must also be mindful of the women of Ireland and of the unborn and we must ensure we understand and show respect. I have visited houses in which there have been perhaps four different opinions on this issue. If the Government is to send the issue for a referendum, all the facts need to be out there. I have made my position very clear: I am opposed to this. I have said as much from day one and I will stay with my position.

Eugene Murphy (Roscommon-Galway, Fianna Fail)
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I call the Minister to round up the debate.

Simon Harris (Wicklow, Fine Gael)
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I thank my colleagues for their contributions to the statements this evening and over the course of what has been quite a lengthy and extensive debate over a number of sessions in Dáil Éireann and Seanad Éireann on the findings and the report of the Joint Committee on the Eighth Amendment of the Constitution. I said here when I opened this debate that I hoped we could show in these Houses that the debate can take place in an atmosphere of respect for one another's views in order that the same is possible in the context of a referendum campaign. I think it is fair to say that has happened and people have come here and spoken freely and with conviction from their different points of view and with respect for those who are listening both inside and outside this Chamber. I very much respect that. It has served the issue and the debate well, regardless of people's perspectives. It is such a sensitive subject for so many people, and we must all work to avoid language that can be deeply hurtful to others. From my point of view, as Minister for Health, I am trying to deal with the facts and the realities which face us as a country as we move forward to try to address them, in particular the legacy of the eighth amendment. I remain concerned by the reality which faced the 3,265 women who travelled to the UK in 2016. These are real Irish women, not numbers or statistics: our sisters, friends, neighbours and wives, with real, personal reasons for the difficult decisions they made that led them on that often very lonely and distressing journey to a different country for care.

As I said then, a number of women from every single county in Ireland travelled in 2016. There is not one constituency this did not impact on women. Members' constituents have been impacted by this. Their constituents have had to leave Ireland to go abroad to access terminations. It has been bothering me since I put those county statistics on the record of the House that I neglected to acknowledge another 520 Irish women who were among that number but chose not to state what county they were from.

I spoke also at the opening of the debate of the new reality facing us of abortion pills now being bought on the Internet and used by women in this country without medical supervision. No longer does an Irish woman need to go abroad for an abortion. It is now happening here in this country with the illegal use of an abortion pill without any medical supervision. These are facts we must face. These are facts we can no longer avoid. Abortion is a reality in Ireland today. Unregulated abortion is a reality in Ireland today. Unrestricted abortion is a reality in Ireland today. The eighth amendment has not changed this fact and, far from providing certainty, it has left women and doctors in impossible situations, alone in the care of other countries and often finding their personal health situations before the courts. It does not allow any room for us to care properly for women and children who are pregnant as a result of rape or for those families who receive the devastating diagnosis that their baby will not survive outside of the womb.

For the first time since 1983 the Irish people are to have their say on the substantive issue of the eighth amendment and whether it should be removed from our Constitution. This follows recommendations from the Citizens' Assembly and the cross-party Oireachtas committee, as well as a Government decision last month that a referendum be held. That referendum will propose that Article 40.3.3° is deleted in its entirety and a clause inserted that makes it clear that the Oireachtas may legislate to regulate termination of pregnancy. Last month, I was given Government approval to draft the Bill which would allow for the referendum to take place, and yesterday I brought the heads of the Bill to Cabinet for approval. The Bill will now be fully drafted and brought to Cabinet for approval, before being published at the beginning of March. This will allow a referendum to take place by the end of May.

If I could send just one message this evening, it would be to remember that the referendum must be passed and the eighth amendment repealed if anything is to change for Irish women. We have heard many politicians from all parties say that we need to change the status quo. There have been differences and a debate about what should come after it, but many people have said we need to change the status quo. Let us be clear, if we want to change the status quowe must repeal the eighth amendment. This is an important reality. This is a statement of fact. If we do not repeal the eighth amendment, Irish women in crisis situations, such as fatal foetal abnormalities or women who have been raped and abused, will continue to be forced to travel abroad to have a termination, or purchase abortion pills illegally online and use them without any medical supervision or support. These situations cannot change unless and until we repeal the eighth amendment.

I am working on drafting legislation which would follow a repeal of the eighth amendment if the people choose to vote for that in the referendum. We set up a process as a Government where we asked the Citizens' Assembly, a gathering of civic-minded citizens, to come together and consider issues, and we asked that their report be considered by an Oireachtas committee.

Mattie McGrath (Tipperary, Independent)
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They were not from every county.

Simon Harris (Wicklow, Fine Gael)
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Can we have a civilised debate and not interrupt each other?

The committee did a huge volume of work and produced a cross-party report with recommendations. I thank them, from all parties and none, for their work and dedication to that difficult task. The draft legal framework being prepared by the Department is based on these recommendations. It is very important to say that if the people of Ireland do not repeal Article 40.3.3°, this legislation becomes hypothetical because we cannot make any further changes on any aspect, be it fatal foetal abnormality, rape, incest, women's health or any other issue, as long as the constitutional ban remains. However, I intend to publish a policy paper at the beginning of March which will outline what that legislation would include so that public and political debate can be informed. I want to say now that what this entails is a proposal to make termination of pregnancy safely and legally available in this country in more circumstances than it is now, but it will remain restricted to certain circumstances. It will propose to make terminations lawful up to 12 weeks in order to provide care to those women in crisis pregnancy who might otherwise be forced to travel, to take the abortion pill unsupervised, or who have been the victims of rape. There will be restrictions, such as the involvement of a medical practitioner, a restriction that does not exist today with regard to the abortion pill. Beyond the first trimester, terminations will only be available in the exceptional circumstances set out in the committee's recommendations and following the assessment of two medical professionals. In all other circumstances abortion will remain unlawful.

The Government's response to the committee's report will not just be confined to regulating termination. What are termed the ancillary recommendations in the report are also important. These are with regard to access to contraception, sex education in our schools, support for women in crisis pregnancies and perinatal care. The Government's response will look at all of these issues and not just the issue of regulation of terminations in this country.

I acknowledge again the way this particular issue challenges us. It causes us to ask difficult questions of ourselves and makes us uncomfortable as we collectively wrestle with what is, at its core, a very personal, private matter. We all know the joyous thing that news of a pregnancy is for so many, but we also know it is a terrifying thing for some and a tragic thing for others. Right now, Irish women are driven to find their own solutions and sometimes they put themselves at risk in doing so. We cannot ignore this reality. They are left without help, advice or support at one of the most vulnerable times in their lives. I genuinely hope that as a country we can no longer tolerate a law which denies care and understanding to women who are our friends, our sisters, our mothers, our daughters and our wives. I know I can no longer tolerate it.

I hope that as we continue to debate ahead of the forthcoming referendum we will continue to be guided by two fundamental principles, namely, trusting women and trusting doctors. In doing so, and in listening to each other with respect, I believe we as a people can make the momentous decision ahead of us with clarity, compassion and care. I look forward to returning to the House in the coming weeks with a constitutional amendment Bill which, if passed by the Houses, will facilitate a referendum on this very important issue by the end of May.

Tommy Broughan (Dublin Bay North, Independent)
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That concludes statements on the report of the Oireachtas Joint Committee on the Eighth Amendment of the Constitution.