Mary White (Fianna Fail) | Oireachtas source

Our duty as legislators, elected in accordance with the Constitution, is to uphold the Constitution. In Ireland, thankfully, we have a separation of church and State under the Constitution and our obligation is to uphold the Constitution. There are two serious issues before us which previous Governments have neglected - including those of my own Fianna Fáil Party - for many years. First, how doctors, faced with life or death decisions and in the absence of explanatory legislation, are to interpret the constitutional provision that abortion can take place only when there is a real and substantial threat to the life of the mother. This law before us, thankfully, sets out procedures and processes to guide doctors and protect them legally. Second, in the X case in 1992, some 21 years ago, the Supreme Court held that a threat to commit suicide can constitute a real and substantial risk to the life of the pregnant mother. The Supreme Court is the interpreter of our Constitution so its finding in the X case remains the constitutional position which we as legislators are duty bound to respect. We cannot as legislators have an à la carte approach to accepting the legitimacy of the Supreme Court. We accept as authoritative and binding its judgments, as issued regularly. It is not warranted to set aside its findings in the X case because they do not suit our personal disposition.

Let us not forget that the Irish people have spoken in two referenda on this issue. In 1992, the proposal that the possibility of suicide was not a sufficient threat to justify an abortion was defeated. In 2002 the proposal to remove the threat of suicide as a ground for legal abortion in the State was again rejected by the Irish people. As legislators I say we in this Chamber must respect the will of the people as demonstrated in these referenda.

For ten years, since the referendum in 2002, successive Governments led by our Fianna Fáil Party have failed to deal with these two issues, clarification for doctors of the permitted circumstances for abortion and legislating for the X case. In saying this I am aware that some of my colleagues have deeply held personal views on this sensitive issue. I encourage them to see their primary role here as legislators to uphold our Constitution. In The Irish Times MRBI poll on 30 June voters were asked if abortion should be permitted in six specified circumstances, 89% said that it should be allowed where a woman's life is at risk. When asked if abortion should be permitted in cases where the foetus is not capable of surviving outside the womb, 83% said it should. Some 81% of Irish people said abortion should be allowed in cases of rape or abuse, while 78% were in favour of it in cases where a woman's health is at risk. Asked if abortion should be allowed where a woman is threatening suicide, 52% said "Yes", 29% "No", and 19% had no opinion. Finally, when asked if abortion should be permitted where a woman deems it to be in her best interest, thankfully 46% said it should not, 39% said it should and 15% had no opinion. This clearly shows that legislators are, once again, behind the public on an important issue.

I humbly refer to the challenge posed to Senator John F. Kennedy when he was campaigning in 1960 to become the first Catholic President of the USA. At a critical point in his campaign, on 12 September 1960, he addressed the doubts of many Protestants as to whether his Catholic faith would allow him to make important national decisions as President, independent of the Catholic Church. His response was unequivocal. He said he believed in an America where the separation of church and State was absolute and he would uphold the Constitution of the United States. I commend President Kennedy's stance to all of my colleagues. Finally, I thank the Government for having the courage to bring this Bill forward and I am confident that I represent the position of the majority of Irish women on this issue.