Seanad debates

Friday, 17 December 2010

10:30 am

Photo of Ivana BacikIvana Bacik (Independent)

I echo the words of Senators Fitzgerald and O'Toole in thanking the Cathaoirleach and the staff of the Seanad for all their work and for their support and help over the past year. I also follow Senator Fitzgerald and Senator O'Toole in welcoming the judgment of the European Court of Human Rights yesterday in the ABC case. The European Court faced up to an issue that we as legislators have failed to confront. It has restated the words of the late Mr. Justice Niall McCarthy in the Supreme Court in the X case in 1992 when he said the failure of the Legislature to legislate for the conditions under which a woman's life may be saved through abortion is inexcusable. He referred to it as an inexcusable failure and, 18 years on, the European Court of Human Rights has said the Government simply must legislate. It must confront and give effect to what is in the Constitution. It must provide for the conditions under which a life-saving abortion may be carried out upon a woman who faces a life-threatening condition as the applicant C did in the appalling circumstance in which she found herself. I agree with Senator O'Toole that the majority of Irish people will see this as an issue of compassion for women who are facing an appalling situation.

The European Court acknowledged that Ireland already in its law and in its medical practices terminates pregnancies in some life-threatening situations such as pre-eclampsia. It is simply a matter of legislating in order that doctors and women have clarity regarding the conditions of access to lawful abortion in this country. If the Government had any sense it would legislate as early as possible to give effect to the Supreme Court judgment in the X case and to take this issue out of the electoral domain, because clarity already exists on this issue and we simply need to put into effect in legislation what is law in the Constitution. If the Government were to introduce legislation early in the new year, this would resolve the issue for women like applicant C. There is no appetite for a referendum and indeed those calling for one have lost two referenda, in 1992 and in 2002, in which they sought to undermine and restrict the grounds for lawful abortion in the X case. The people have spoken on this matter.

I ask the Deputy Leader in particular what has happened to the climate change Bill, speaking of legislation that should be introduced-----

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