Pat O'Neill (Fine Gael) | Oireachtas source

I welcome the Minister of State, Deputy Kathleen Lynch, and I thank the Cathaoirleach for allowing me time to speak on this extremely important and sensitive Bill, which I welcome. Before I detail my reasons for supporting this Bill, I would like to point out that I am, first and foremost, pro-life. I do not want to see a regime develop in Ireland whereby abortion can be sought on demand as a sort of frivolous contraceptive. I welcome, therefore, the restrictive nature of the Bill in so far as the scenarios whereby abortion is permissible are concerned.

Senator Paschal Mooney and others said they were disappointed by what has been said in the House by those in favour of the Bill but I was alarmed by some of the scaremongering from the other side. I will not mention the Senator's name but he said that babies of 28 or 30 weeks would be left on a table to die. That is the kind of scaremongering which has no part in this debate. That is not what will happen. When this Senator spoke about these babies, he never once mentioned the life of the mother or that the life of the mother had to be saved.

Senator Mooney said he could not support the Bill because it will result in the deliberate destruction of the unborn. This Bill is being brought in to save the life of the mother and the child but in certain circumstances, which will be dealt with by sections 7 to 9, inclusive, for medical, psychological and even accidental reasons, there may have to be a termination and that is why I support the Bill.

I would like to fill in some of the background facts to this Bill. On 7 September 1983, the people ratified the eighth amendment of the Constitution and the insertion of what is now Article 40.3.3o, which reads: "The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right." Nine years later in 1992, the Supreme Court - the font of all legal authority and interpretation in Ireland - ruled on the infamous case of a pregnant, suicidal, 14 year-old rape victim, being prevented by the State from aborting her pregnancy.

It ruled in the X case that the girl, under Article 40.3.3°, had a right to protect her life, even against the threat of suicide, by means of an abortion. Later that year, the people refused to ban abortion in cases of suicidal intent, re-affirmed the right to information regarding abortion, as well as the right to travel abroad for one, and re-affirmed the right to free speech on the subject. In 2002, the twenty-fifth amendment to the Constitution tried to overrule the 1992 Supreme Court ruling to remove the threat of suicide for a termination of a pregnancy. This was the most recent abortion referendum held and was defeated with the people voting to continue to allow abortion in cases of suicidal intent. Finally, in late 2010, the European Court of Human Rights instructed Ireland to clarify its laws regarding abortion and to ensure women finally knew their rights.

Now, 30 years after the article was inserted into the Constitution, 21 years after that clause’s landmark interpretation by the Supreme Court, 30 years of dillydallying over referenda results and five previous Governments, this is the reason we need the Bill which will legalise the Supreme Court ruling of 1992. This Government has the resolve and courage to act on the people’s clearly expressed wishes.

Fundamentally, this Bill acts on the people’s wishes and clarifies the law on crisis pregnancies. As a man, I will never comprehend how a woman may feel during pregnancy. While I can be sympathetic, I will never know what changes she may go through, be they physical, emotional or hormonal. I do, however, know that we as legislators have got to act in accordance with the will of the people and stop ignoring the 1992 X case judgment. For 21 years, a Supreme Court ruling - which is supreme for a reason - has been passed from Billy to Jack. It is a law left in limbo, trapping those in the medical profession with it. This Bill puts an end to that by setting out clear guidelines for doctors and other medical professionals to follow and, where absolutely necessary, act on. It clarifies when a doctor can or cannot intervene in what might be termed a “crisis pregnancy”. It also clarifies what exactly a crisis pregnancy is.

Under sections 7 and 8, if a woman presents with a physical or life-threatening illness, her pregnancy can be terminated. Under section 9, if a woman presents as suicidal due to her pregnancy, and following assessment by not one but three different medical professionals, her pregnancy can be terminated. These are measures that repeated referenda and the Supreme Court have deemed legal under the Constitution. This is what the Government has finally chosen to act upon. Moreover, it has chosen to act in support of the wishes of the people.

Section 2 states, “reasonable opinion if the unborn can be saved.” Will the Minister clarify exactly what measures and procedures will be taken, once foetus viability outside the womb has been reached, to preserve and continue the life of the unborn?

We have an Irish solution to an Irish problem. The 4,500 women who travel every year to the UK have been ignored for years. Whatever their reasons, abortion should not be used as a form of contraception. Instead, we need to invest in providing supports for these women. We must also address the issue of our consciences in this regard. Everybody is entitled to their own council on this emotive issue and, indeed, on all issues. Our conscience and values help us choose what is right for us; that is our personal choice. Personal choice is exactly that - personal. That is why we will always have debates and never fully agree.

However, agreement is not the important aspect regarding this Bill. The protection of the life, health and well-being of all Irish women and their unborn children - our mothers, sisters, wives and daughters - is what is at the centre of this Bill. We must remember we are elected by the people as representatives to act on their wishes in government. A direct democracy would simply be too inefficient to deal with all matters in a State this large. Accordingly, we, as their elected representatives, must act. However, we must continue to remember we are elected with the moral obligation to represent our constituents, no matter what we might ourselves believe. In doing so, we ensure our vote represents them. In some instances, we must vote against our feelings or personal beliefs in favour of reforms that must be enacted for the good of the people and the State.

We have done this before. We enacted tough reforms to undertake social welfare cuts because readjustment was required due to our economic circumstances. We have made tough choices to reduce the safety net in the State for the good of the entire nation. Many felt those actions were against their conscience but we enacted those changes for the good of the people in this State, the people we were elected to represent. We cannot, after all, ignore the wishes of our constituents while claiming to be a democratic institution. We cannot forget about the needs of the people. We must vote in their best interests and in line with their wishes.

I firmly support this Bill. I believe it sufficiently codifies the Supreme Court’s judgment in the X case, making it harder for someone to have a termination under this Bill while giving clarity to the medical profession. It clarifies Ireland’s abortion laws as per the European Court of Human Rights judgment from three years ago. I believe it will save the lives of women while also maintaining Ireland’s stellar reputation for its maternal care. Ireland will be the better for it.

I commend the Bill to the House.