Michael Mullins (Fine Gael) | Oireachtas source

I welcome the Minister of State to this debate. The Bill deals with a sensitive and controversial issue and I am very conscious the country is watching as we discuss the most sensitive piece of legislation to come before the House for many years.

As a strong pro-life supporter, I want to believe the Taoiseach when he says this Bill will not lead to abortion, but will clarify the very rare circumstances in which doctors can intervene where there is a real risk of a woman losing her life during pregnancy. We are all here today because a referendum held in 1983 resulted in the adoption of a provision which subsequently became Article 40.3.3° of the Constitution - the eighth amendment - which states:

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.

The interpretation of the eighth amendment was considered in Attorney General v. X and Others in 1992. The Supreme Court held that if it were established as a matter of probability that there was a real and substantial risk to the life, as distinct from the health, of the mother and that this real and substantial risk could only be averted by the termination of her pregnancy, such a termination was lawful. A termination of pregnancy arising from a risk to life from suicide was deemed lawful under this judgment.

This issue was revisited in the judgment of the European Court of Human Rights in the A, B and C v. Ireland case, which placed Ireland under obligation to put in place and implement a legislative or regulatory regime providing effective and accessible procedures whereby a pregnant woman can establish whether a termination may be carried out in accordance with Article 40.3.3° of the Constitution as interpreted by the Supreme Court in the X case. Last December, the Government approved the implementation of the judgment of the European Court of Human Rights in the A, B and C v. Ireland case, by way of legislation and regulations within the parameters of Article 40.3.3^o of the Constitution as interpreted by the Supreme Court in the X case.

This Bill aims to give effect to the Government's decision to legislate in this area. I admit I urged the Taoiseach to delay the legislation, because I knew it would be divisive and would present me and many others with having to make a decision that could have far-reaching implications for women and the unborn. I also asked the Taoiseach to allow Fine Gael Members of the Oireachtas to have a free vote on the issue. I am disappointed he did not accede to this. I regret the fact that five members of our parliamentary party are currently outside the party because of their conscientious objection. That said, I accept the Taoiseach has a responsibility to uphold the Constitution and the Bill is framed within the parameters of Article 40.3.3^o of the Constitution.

All sides in this debate support most of the provisions of the Bill, with the exception of section 9, which deals with the issue of suicidal ideation. I would have hoped this section could have been removed, but I understand the decision in the X case prevents this. The recent Oireachtas hearings were helpful in giving all of us information and advice. This was, at times, very confusing, particularly when we saw eminent medical and legal experts differ widely on some aspects of the legislation, particularly with regard to suicide.

Yesterday, I was moved by an issue raised by Senator O'Donnell when she asked if we thought any of the 100,000 people who travelled to England over the past 30 years for an abortion would have committed suicide if they were able to obtain a termination in Ireland. We will never know the answer to that question, but I wonder whether any of those terminations could have been prevented if this Bill was in place and the medical people acted appropriately. We will never know.

I am taking a huge leap of faith in deciding to support the legislation. I am doing so because I trust women and the medical profession. I trust women and that they will not attempt to circumvent the legislation to secure a termination except where there is a substantial risk to their lives and I trust the medical profession to provide the appropriate medical treatment for anyone presenting with suicidal tendencies. I trust that a termination would only be considered as a last resort to save the life of the mother. I also trust the medical profession's ability to identify persons attempting to circumvent the legislation. Every day, we place our health in the hands of the medical profession and trust it with our lives. Why should it be any different in this situation? We must trust the medical profession will act ethically. I doubt any medical person would want to put his or her professional reputation on the line by breaching this tight and restrictive legislation.

I am supporting this legislation on the basis that I believe it will not open the door for abortion, but that it clarifies the current constitutional position for the medical profession and for women. I believe the safeguards in the Bill will ensure this will be the case at all times. I support the Bill because the equal right to life of the unborn will be upheld and the obligation on the medical profession to save both lives, where possible, will be affirmed conclusively. I accept in good faith the assurances from the Taoiseach and the Minister for Health that the safeguards in the Bill are watertight and that the Attorney General has ensured this. I will hold them to account in this regard and I welcome any tightening of section 9 that may be possible in the course of our deliberations over the next number of days.

I sincerely thank the sincere and committed people I have met and with whom I have had discussions over the past number of months. I know some people talked about a difficult time, but I have had nothing but courtesy and respect from everyone to whom I have spoken in east Galway, mainly people from the pro-life movement. My contact with the clergy has been extremely balanced, considerate and understanding. Everybody who has asked me to oppose the legislation has been sincere, committed and dedicated and I acknowledge that on the record here today. I am very conscious that regardless of whatever decision is made in regard to the legislation, nothing is black and white. Women will make their own decisions. None of us here knows what decision any of us would make in a crisis situation.

There has been little discussion regarding the 4,000 women or more per annum who travel to the United Kingdom for an abortion.

I hope, like others, when this debate is over that we will concentrate on putting in place sufficient resources to ensure that women in crisis pregnancy have all possible options available to them in order that we can significantly reduce the number who find it necessary to take a flight to England. That is the major challenge for the future as well as ensuring that the legislation proposed is policed and lives up to its commitments.

I was very concerned some weeks ago when I heard Senator Ivana Bacik indicating on the Order of Business that she would attempt, once the legislation was passed, to have a more liberal regime introduced. I wish to put her and the Labour Party on notice that I will be campaigning to ensure that a liberal abortion regime is never put in place in this country.

I and every member of the House want to protect the life of the mother and the unborn child. I hope the legislation that is about to be passed will ensure this happens. I know many people will be disappointed by the decision I have taken in respect of the legislation but I genuinely feel there is a real commitment by the Minister for Health to keep it within the terms of the Constitution and that it will ensure that the medical profession, the doctors and the women in crisis pregnancy situations know exactly where they stand. As legislators we have a duty to ensure that this is the case. We also have a duty and a responsibility to ensure the legislation is not breached, that what we are accepting today is the end of it and that there will be no further amendments that would make it more liberal.