Feargal Quinn (Independent) | Oireachtas source

I have just received permission. On that basis, I will move the amendment on the assumption that she will second it. If I am not allowed to do that, she will have to get somebody else to second it when she moves it.

The amendment recognises the inadequacy of the Government's argument that a judgment applied to the particular circumstances of the X case should be applied generally regardless of the consequences and it recognises that the Oireachtas is free and has the responsibility to decide for itself on the basis of evidence duly considered whether and how to legislate on any given issue. It recognises that the European Court of Human Rights "does not oblige Ireland, as a matter of either Irish or international law, to make lawful, or to maintain as lawful, a right to abortion on grounds of suicidality". It spells out specific dangers that attend any attempt to create a statutory framework for the provision of abortion as a means of suicide prevention. These include the absence of evidence that abortion has any positive effect on women's mental health or that it has any positive effect in preventing suicide; the absence of evidence to suggest that abortion may have a negative effect on women’s mental health and is associated with an increased risk of suicide; and the clear and prudent public policy reasons for not making suicide the means by which additional rights or services may be acquired or accessed or by which the rights of others may be infringed.

It is quite involved in this case but the amendment recognises that the failure of the legislation to respect the equal right to life of the unborn child in accordance with Article 40.3.3° renders it unconstitutional. It enumerates examples of how the Bill fails in this regard. These include the absence of any objective standard of reasonableness or evidence to guide the decision on whether an abortion is to be permitted; the absence of an expressed requirement that all alternatives to abortion be fully explored and exhausted before it is contemplated as a possible means to averting a risk arising from suicide; the absence of a stated term limit to the provision of an abortion on grounds of suicidality - this is a serious issue - or an expressed protection for a viable, unborn life; the absence of any provision for any medical procedure other than one during the course of which or as a result of which unborn life "is ended"; the absence of a provision to allow the unborn child to be represented by an advocate on his or her behalf such as that afforded to the mother. As with any other person who lacks capacity to participate in a consultation process, the best interests of the unborn child should be represented by a person acting on his or her behalf. I have not heard enough about that in this debate nor about the absence of adequate reporting requirements to ensure that the provisions of the Bill are being complied with in practice and to facilitate a proper review of its operation on an ongoing basis.

The amendment also exposes the failure of the Bill to adequately respect the right to conscientious objection for all persons who may be involved in carrying out an abortion. The Bill would provide protection for the rights of conscience that are much weaker than the statements and standards accepted in many other countries, including our nearest neighbour. The legislation represents a backward step in promoting and improving in hospitals the practice of the two-patient model of care during pregnancy, which ultimately best serves the welfare and safety of both women and their unborn children. We have a record of care for both of which we can be rightly proud. We should safeguard and defend this and not undermine it, as this Bill is likely to do. We are fortunate in Ireland that we still have a culture and respect for the humanity and equal right to life of the unborn child, which is under threat throughout the western world. This culture is grounded in the belief that an unborn human being deserves protection because he or she is so dependent, weak and vulnerable not despite the fact that he or she is so dependent, weak and vulnerable.

The legislation sends a message ungrounded in medical reality that the deliberate killing of an unborn child is sometimes acceptable and necessary to provide the best medical care to pregnant women and I have a difficulty with that. Enshrining this misrepresentation in legislation can only undermine the existing culture of respect for unborn life. This is something the House can help to prevent. The eyes of the country are on us as rarely before and we can choose to take a stand that we will not endorse flawed legislation just because the Lower House has done so and the Government desires it or we can pass the amendment and demand responsible and reflective legislation. It is Senator Healy Eames's intention to move the amendment. I will move it if that is in order and she will second it.