Paul Coghlan (Fine Gael) | Oireachtas source

l thank the Leas-Chathaoirleach and ask him to let me know when I have two minutes left.

I welcome the Minister of State again. I thank him for his attendance and the work he has put into the matter. I approach the Bill from a pro-life standpoint. As has often been said, this is a complex and sensitive issue about which one needs to remain calm and avoid division while respecting differences.

The issue is about the life of the mother and of the unborn baby. We must be conscious of the fact that abortion is prohibited in Ireland and no change is envisaged in that regard. In fact, the prohibition on abortion is reset in the Bill and severe penalties will apply to any person or body responsible for the unlawful termination of unborn life.

On the issue of suicide, there has been much evidence from the hearings of the Oireachtas Joint Committee on Health and Children. However, it is necessary that we have legal clarity for medical practitioners where medically necessary terminations are permissible.

Of course we must work to save both lives, but the life of the unborn baby is consequent on the life of the mother. Not one of us would wish to be in a situation in which a decision must be made, but we must provide legal clarity where the life of the mother is threatened. We must remember that what is being proposed in the Bill is within the parameters of the Constitution, the X case and the case of A, B and C v. Ireland. There is no constitutional change proposed and there is no change in the law. We must remember that constitutional rights already exist as a result of the X case, which dealt with the risk to a woman's life from a suicidal intent. The Bill restricts the circumstances surrounding the procedure to those pertaining to the rights already confirmed by the Constitution. It is not open to us to deny that the right already exists because of the Supreme Court's ruling in the X case.

As the explanatory memorandum sets out, a referendum was held in 1983 that resulted in the adoption of the provision that became Article 40.3.3°, 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 that amendment was considered in the case of 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.

The issue was revisited in the judgment of the European Court of Human Rights in A, B and C v. Ireland, which placed Ireland under a legal obligation to put in place and implement a legislative regulatory regime providing effective and accessible procedures whereby pregnant women could establish whether a termination would be carried out in accordance with Article 40.3.3° 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 case by way of legislation with regulations within the parameters of the Article as interpreted by the Supreme Court in the X case.

The Bill aims to give effect to the Government's commitment to legislate in this area. It is important to remind ourselves that the Bill does not provide for any new rights and will not lead to the introduction of abortion on demand in Ireland. Rather, it clarifies the very rare circumstances in which doctors can intervene where there is a real risk of the woman losing her life during pregnancy. The equal right to life of the unborn has been upheld and the obligation of the medical profession to save both lives where possible is confirmed. In that connection, it is important that we hold what is dear to us and enshrined in Article 40.3.3°.

The general prohibition on abortion in Ireland is restated and severe penalties will apply to any person or body responsible for the unlawful termination of unborn life. In the case of a real and substantial risk to a woman's life arising from self-destruction - in other words, there must be intent rather than mere ideation - additional safeguards are being put in place, with the involvement of gynaecologists, psychiatrists, obstetricians and the general practitioner involved in the individual case.

Reporting and monitoring requirements will be put in place to ensure the availability of full and transparent information on the number and nature of medical terminations. All procedures must be notified to the Minister within 28 days.

An annual report will be published that will detail the number, nature and location of any terminations that have been certified. The Minister for Health has also been given the power to suspend the service in any hospital if he or she believes the provisions of the Bill are not properly adhered to. This is an important safeguard that has been added.

What has been provided for in this Bill is a very restricted process and can only be applied in very rare life-threatening situations. This country is one of the safest countries in the world for childbirth and will continue to be so. Considerable resources have been devoted in recent years to supporting women who find themselves in crisis pregnancy situations. This has resulted in a significant reduction in the number of Irish women opting to travel to Britain for abortions and it is imperative we continue to support women in these very difficult decisions.

The Bill creates a rigorous process around the issue of suicidal intent and the termination may only be proceeded with once a certifying specialist is satisfied all alternative treatments have been attempted or ruled out. Abortion is not a treatment for suicide. The Bill recognises the reality that, unfortunately, the right already exists and puts in place a process to prevent the right from being abused. The process and the safeguards are preferable to leaving an unregulated right in existence, which could be open to abuse.

The Bill will not confer on a woman any right to insist that the life of an unborn child be deliberately ended. On the contrary, the constitutional obligation on doctors, to save both lives if possible, is reiterated in the Bill and means, in practice, that the ending of a pregnancy with a viable foetus will be the birth of a child. The doctor has two patients in these cases - the mother and the child.

I recognise that the President has the sole right to call the Council of State and refer a Bill. I hope he will call in the Council of State and refer this Bill. A number of people and institutions have indicated they intend to institute court proceedings to challenge certain aspects of the Bill. It is preferable, given all that has happened, to have a full test of the Bill, which only the President can institute.

In 1992, there was no psychiatric evidence. It was a long time ago. We have had Oireachtas Joint Committee on Health and Children hearings on which the Chairman, Deputy Jerry Buttimer, was complimented. The sole surviving judge from the 1992 case, Hugh O'Flaherty, recently pointed out that in his view the judgment is moot and may not be binding on the Government. It is incidental or, as learned counsel will understand, obiter dicta.