James Reilly (Dublin North, Fine Gael) | Oireachtas source

We are dealing with amendment No. 2 but are also referring to amendments Nos. 3, 18 and 43 to 45, inclusive, which relate to the same topic and are thereby discussed together.

Amendments Nos. 3, 18 and 43 to 45, inclusive, relate to the same topic and are to be discussed together. They will be voted on separately when we reach the relevant sections.

I thank people for their very good contributions, which I know are heartfelt. These amendments attempt to provide for lawful termination of pregnancy following a diagnosis of fatal foetal abnormality or inevitable miscarriage, or in the case of pregnancy following rape or incest. These issues were discussed at some length in the Dáil during our debates on the Bill and I am aware that several Senators would have liked to see these grounds and others being included in the proposed legislation. However, these provisions cannot be included.

The main purpose of the Protection of Life During Pregnancy Bill 2013 is to restate the general prohibition on abortion in Ireland while regulating access to lawful termination of pregnancy in accordance with the X case and the judgment of the European Court of Human Rights in the A, B and C v. Ireland case. Its purpose is to confer procedural rights on a woman who believes she has a life-threatening condition so that she can have certainty as to whether she requires the treatment. The Bill does not permit the termination of a pregnancy on the grounds of rape or incest alone, although it is permitted if there is also a risk to the life of the woman. I have received legal advice to the effect that inclusion of fatal foetal abnormalities as a separate consideration in the current Bill goes beyond the scope of the A, B and C v. Ireland case. The purpose of this Bill is not to confer any new rights or remove existing rights; it is to clarify existing rights for women so they know what are those rights and how to exercise them in accessing services. Doctors and nurses will also know what they are legally obliged or permitted to provide.

I am sorry I cannot accept the amendments but I would like to respond to some of the issues. Senator Bradford commented on the contribution of Dr. McCarthy, the president of the College of the Psychiatrists of Ireland. It is understandable to mix up titles.