Seanad debates

Monday, 15 July 2013

Protection of Life During Pregnancy Bill 2013: Second Stage

 

6:45 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael) | Oireachtas source

Like most, if not all, Members of the House, I am pro-life. I do not want to vote for legislation that introduces abortion on demand or liberalises or may open the floodgates on abortion in Ireland.

I carefully followed the extensive debate that has taken place since the beginning of the year on this matter and during this process, new information came to light about the termination of pregnancy practices in the country. In January last, at the committee hearings, we learned that terminations of pregnancies are taking place in Ireland. The Master of the National Maternity Hospital in Holles Street, Dr. Rhona Mahony, estimated that between ten and 20 terminations of pregnancy take place every year to save the lives of mothers. Her counterpart in the Rotunda Hospital, Dr. Sam Coulter-Smith, estimated that the figure was between 20 and 30 each year. It is clear that we do not know how many terminations of pregnancy took place in Ireland last year. Neither do we know what procedures were followed to ensure that these terminations were lawful, that they were necessary to save the life of the mother. The identities of the medical professionals who certify that a termination of pregnancy is necessary are not being recorded.

We have also learned that six children who were in State care were assisted in travelling abroad for terminations since 1992. In each of the six cases, a psychiatrist was involved in providing an assessment of the child. We do not know whether this is the same psychiatrist on each occasion. Neither have we any information on whether the unborn baby was viable outside the womb when the termination of pregnancy took place.

It is now clear to me that there is a legal vacuum surrounding our termination of pregnancy laws. As matters stand, there is no clarity around the issue of terminations of pregnancy in Ireland. This means that, according to the Constitution, as interpreted by the Supreme Court, a termination of pregnancy can be performed by any doctor anywhere in Ireland at any gestational stage if he or she believes that suicidal risk can only be averted by a termination of pregnancy. It is now clear that the provision of terminations of pregnancy in Ireland since the X case judgment has evolved in such a way that we do not know how many terminations have been carried out since the X case judgment; we do not have accurate figures on the number of terminations that were performed in Ireland last year; we do not know whether one hospital is responsible for a disproportionate number of these procedures or whether a small number of doctors carry out a disproportional number of terminations; and, we do not know whether the uncertainty over the terminations laws is being abused.

The Protection of Life During Pregnancy Bill changes this. There will be legal clarity that any terminations of pregnancy are only carried out where the risk to the woman's life has been fully assessed and certified by specialists as being the only option available to avert that risk. Medical professionals will be provided with clear guidelines detailing where and when a termination of pregnancy can take place to save a woman's life. Information on these rare terminations of pregnancy will become publicly available.

Pregnant women with suicidal ideation will only be entitled to an abortion if, after being assessed by two psychiatrists and an obstetrician, it is considered to be the only measure that can save the life of the woman. The registration numbers of these medical professionals will be recorded.

In the rare cases where this Bill will apply, the equal right to life of the unborn is upheld. A woman does have a right to have a termination of pregnancy if the unborn child is viable outside the womb. Importantly, this results in the delivery of a baby, not in an abortion.

If it becomes apparent that unusual practice is taking place, the Minister will be aware, through monthly reporting, that this is happening and can suspend that service. If the same doctors are certifying cases all over the country, that will become apparent also and can be dealt with. If this law is abused, the Minister for Health has the power to suspend an abortion service and Deputy Reilly has assured me and the House that he will not hesitate to act in such an instance.

I am satisfied that the Protection of Life During Pregnancy Bill 2013 does not confer any new substantive rights to a termination of pregnancy. This legislation is about saving lives - the life of the mother and, wherever possible, her child.

I note that many Members of the House have strong views on this Bill. Some are totally opposed to it; others feel that it does not go far enough. I respect the Members' views. For my part, I firmly believe that this Bill is very restrictive, more restrictive than the position which exists currently. I am aware that some Members of this House will disagree with me but I hope that they will respect my views, as I respect theirs, despite our differences. I hope the debate in this House will be a useful and constructive one and will be carried out in a dignified and respectful fashion at all times. I commend the Bill to the House.

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