Seanad debates

Tuesday, 16 July 2013

Protection of Life During Pregnancy Bill 2013: Second Stage (Resumed)

 

4:10 pm

Photo of Terry BrennanTerry Brennan (Fine Gael) | Oireachtas source

I welcome the Minister of State to the House. I am one of the people who attended the six days of hearings. I listened to all sides of the argument and did not ask one question. I, too, congratulate the Chairman, Deputy Jerry Buttimer, on his performance for the entire hearing.

The Protection of Life During Pregnancy Bill has received enormous discussion and coverage over the past couple of months and we all agree that it is a sensitive issue. The Bill does not change the law or rights but delivers clarity and certainty for the constitutional rights conferred by the people on the women of this country, the right to a termination of pregnancy in very specific circumstances where there is a real and substantial threat to a woman's life. The Bill identifies a duty and a constitutional responsibility on medical personnel of their obligations to everything possible and practicable to save the lives of the unborn. We must have total trust in our medical professionals.

The Bill brings the clarity and certainty that is needs. It still means that Ireland is one of the safest countries in the world for childbirth with one of the most restrictive regimes now clarified by the new Bill. I have been convinced that the legislation will not lead to the introduction of abortion on demand in this country. It will, however, clarify the very rare circumstances in which doctors can intervene where there is a real risk of a woman losing her life during pregnancy. If I felt for one moment that the Bill would lead to abortion on demand then I would not hesitate to vote "No". I sincerely hope that I am taking the right decision.

In late 2010 the European Court of Human Rights in its judgment in the A, B and C v. Ireland case which has been referred to by other colleagues. It required Ireland to provide legal clarity to women on the circumstances in which they were entitled to a medical termination of pregnancy where there is a real and substantial risk to her life that can only be averted by the termination of her pregnancy.

The entitlement was determined by the Supreme Court in 1992 in its judgment on the X case. I reiterate that it is a constitutional right which has existed since then. The Bill provides legal clarity by way of legislation and regulations of the circumstances where a medical termination is permissible where there is a real and substantial risk to the life, as opposed to the health, of a woman. The legislation is also strictly within the parameters of the Constitution and Supreme Court judgment in the X case. It will cover existing constitutional rights only and will not create any new rights. In my humble opinion, this point must be emphasised.

The Bill states that the equal right to life of the unborn will be upheld and the obligation on the medical profession is to save both lives, where possible. The medical termination of pregnancy can only be legally permitted in the situation where all of the doctors involved in the assessment process have jointly and unanimously certified that it is the only treatment that will save the woman's life by averting the real and substantial risk to her life.

The general prohibition on abortion in Ireland is restated and severe penalties will apply to any person or body that is responsible for an unlawful termination of unborn life. Processes are set out to establish the circumstances in which there is a real and substantial risk to the life as distinct from the health of a woman and where the only treatment that will avert that risk is the termination of her pregnancy.

In the case of a medical emergency, where the risk of a woman's life is immediate, one doctor may take the decision. In such an emergency the doctor involved will be required to certify the reasons for his or her actions within 72 hours. In the case of a real and substantial risk to a woman's life, arising from a physical health condition, the assessment process will require that an obstetrician-gynaecologist and a second relevant specialist must jointly agree and certify that the termination of pregnancy is the only treatment that will save the mother's life. The woman's general practitioner will be consulted when and where possible. In the case of a real and substantial risk to a woman's life arising from self-destruction, additional safeguards will be put in place, the assessment process will involve three specialists, one obstetrician-gynaecologist and two psychiatrists, must jointly and unanimously agree and certify that the termination of pregnancy is the only treatment that will save the mother's life.

In conclusion, I have been blessed with three wonderful children and 11 grandchildren. As a grandparent and parent, I believe and have always believed that human life is a sacred gift. As I have already stated, I am totally opposed to abortion. In my short political career three individual young girls came to me for help. One of them approached me on Christmas Day which I shall never forget. She told me that her parents had put her in a caravan parked in their back garden.

I spoke to her for an hour and a half and succeeded in asking her to change her mind and give it 24 hours. I got a GP to speak with her. I asked her to give that young boy or girl a chance to live. One of the greatest honours ever bestowed on me was to be invited to that young child's first communion a year and a half ago. It was a wonderful achievement. Another mother came to me to tell me her young daughter was pregnant and suicidal. I told her I had no experience and approached a colleague who was a general practitioner and we had a chat with the mother and the daughter. It was not the case that she was suicidal but her mother did not want her to have her baby. She has since married the man and they have three children. She was not suicidal. Only three weeks ago, I was coming out of church on a Sunday morning. I got a tap on the shoulder from a lady who spoke with an English accent. She said she knew I was as an Oireachtas Member as her sister had recognised me from 40 years previously and that I was going to be supporting abortion in Ireland. I was surprised that I had not changed in 40 years. She told me her story. She had an abortion in England 21 years ago and later married the man whose child she aborted. They were not blessed with any children and she still regrets having had that abortion.

I am totally opposed to abortion. I encourage anyone who is pregnant, whether she is single or otherwise, to ensure that young boy or girl gets the opportunity to live. I am not codding when I say that the two children to whom I have referred give me such great honour. They do not know nor does anyone else. I have not disclosed who they were even to my own wife and children. I am honoured to be able to say it in the House.

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