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Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: This Bill is about when there is a risk to the life of the mother. It is not correct to talk about medical tourism on this issue. It will not arise. If people come here from abroad, they are under their own country's jurisdiction and they must go back and deal with the medical advice there-----

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: It is quite clear. The Bill is specifically dealing with a risk to the life of the mother. If people come here from abroad then they will have to go back to their own jurisdiction to have the matter dealt with in their own medical system. People have raised the possibility that we will suddenly have an influx of people but that is exaggeration.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: Within the legal profession, there is a view that sections 58 and 59 of the 1861 Act may be unconstitutional - the 1861 Act was introduced prior to the Constitution - in light of the 1983 constitutional amendment. Were this found to be the case, and if this Bill were not in existence to replace sections 58 and 59, we would have no legislation at all to make terminations illegal. This is a...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: That is your version of events.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: On a point of order, I ask the Senators to adjourn this debate to a meeting of the Fianna Fáil Parliamentary Party.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: It does not.

Seanad: Health (Amendment) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Colm Burke: I welcome the phasing in of these measures. It is important that the insurance industry is given time to respond to these changes, and I welcome the way the Minister of State and the Department officials have approached this matter. It is a welcome development.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: The Senator is incorrect. He should speak to a consultant.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: Speak to another.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: I wish to refer briefly to this section because it is important to have clarification. Much incorrect information was given this morning in regard to the procedures for termination. The majority - 99.99% - of terminations involve the application of medication, not the procedure outlined by Senator Walsh, who is about 25 years behind the times in the description he gave yesterday, today and...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: No.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: I acknowledge that people have strong views, but every medical practitioner in the hospital system is committed to providing the best possible level of care for both the mother and the baby. Everything possible is done to protect them both. That should not be lost in the debate. It was clear from the evidence in the public hearings that they will do everything possible to protect both...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: He is ignoring Article 40.3.3° of the Constitution.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (17 Jul 2013)

Colm Burke: I just cannot accept this amendment. If we apply this amendment-----

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (17 Jul 2013)

Colm Burke: This amendment means that doctors will be restricted from inducing any delivery, even where the mother's life is at risk. If we applied Senator Walsh's interpretation to the likes of the Savita case, then it means the doctors would have to stand idly by in such a situation. I would ask Senator Walsh to look at the wording of what he is saying. It means no procedure of any description. If...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (17 Jul 2013)

Colm Burke: I would like to thank my colleagues for the valuable contributions they have made this morning and for putting forward these amendments. However, I agree with Senator Bacik with regard to the restrictions that exist under Article 40.3.3°. When the Minister came to deal with this issue, it was very much about the decision in the X case and in the A, B and C v. Ireland case. All of the...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (17 Jul 2013)

Colm Burke: In fairness to Senator Ó Domhnaill, he has made a point that we are trying to ram the Bill down people's throats. We had three days of public consultation in January and a further three days in May.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (17 Jul 2013)

Colm Burke: An allegation has been made.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (17 Jul 2013)

Colm Burke: I have a final point.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (17 Jul 2013)

Colm Burke: On that technical point, Mr. Justice McCarthy of the Supreme Court noted in the X case: "I think it reasonable, however, to hold that the people, when enacting the amendment [to the Constitution in 1982] were entitled to believe that legislation would be introduced so as to regulate the manner in which the right to life of the unborn and the right to life of the mother could be reconciled"....

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