Rónán Mullen (Independent) | Oireachtas source

The more I listen to the Minister of State the more I am bemused about what type of amendments the Government would be interested in considering. It also seems to me that the job of the Legislature is to scrutinise legislation in detail and to propose substantive amendments, not just tinkering with technical points.

The more I listened to the Minister of State, the more I felt that it is dubious from a constitutional point of view. The Minister of State himself spoke about the need to shape this Bill within the wording of the Constitution. He even referenced the equal right to life, as set out in the Constitution, but it is not in the Bill. In fact, my amendment would invoke directly a more objective requirement on those certifying the procedure that they would not just form a reasonable opinion. There is a real dishonesty, not in the Minister of State's words but in the words of the Bill, to suggest a reasonable opinion. It certainly avoids frightening the horses but when one goes on to define that opinion and what is required in subjective terms - namely, the requirement of good faith - then the wool is being pulled over people's eyes.

The alternative proposal would make that more objective and would say that the person has to form an opinion which respects the equal right to life of the unborn. One finds the words of the Constitution there, but not in the Bill. As the Minister of State rightly said, we should fully respect that the duty to deliver the viable unborn alive should be carried out as far as practicable. That is the State's obligation, by its laws, to defend and vindicate the life of the unborn.

There is no difficulty with section 7 and section 8 procedures because, in the end, one has a coincidence or coalition of interests - a mother who is very sick and her unborn child whom she would want to save, and a doctor who wants to save both the mother's life and that of the unborn child. Efforts will be made to do everything right. However, the problem with section 9 is that the procedure involved is happening because of a threat of suicide-----