Mary White (Fianna Fail) | Oireachtas source

I welcome the Minister of State who I know is doing his very best in his portfolio. We will give him another two years and see how he delivers, but I am optimistic that he will deliver in his portfolio.

I believe our duty, as legislators elected in accordance with the Constitution, is to uphold the Constitution. In Ireland, thankfully, under the Constitution there is a separation of church and State and our obligation is to uphold the Constitution. There are two serious issues before us which previous Governments neglected for many years, including those which included my own party of Fianna Fáil. The first is how doctors faced with life or death decisions and in the absence of explanatory legislation are to interpret the constitutional provision that abortion can take place only where there is a real and substantial threat to the life of the mother. Thankfully, the law before us sets out procedures and processes to guide doctors and protect them legally.

In the X case in 1992, some 21 years ago, the Supreme Court held that a threat to commit suicide could constitute a real and substantial risk to the life of the pregnant mother. As the Supreme Court is the interpreter of the Constitution, its finding in the X case remains the constitutional position which we, as legislators, are duty bound to respect. We cannot have an àla carte approach to accepting the legitimacy of judgments of the the Supreme Court. We regularly accept as authoritative and binding its judgments on various issues. It is not warranted to set aside its findings in the X case because they do not suit our personal disposition.

Let us not forget that the people have spoken in two referendums on this issue. In 1992 the proposal that the possibility of suicide was not a sufficient threat to justify an abortion was defeated. In 2002 the proposal to remove the threat of suicide as a ground for legal abortion in the State was again rejected by the people. As legislators, we must respect the will of the people as demonstrated in these two referendums. For ten years since the referendum in 2002 successive Governments led by Fianna Fáil failed to deal with these two issues - providing clarification for doctors of the circumstances when abortion was permitted and legislating for the X case judgment.

In a poll in The Irish Times in June 2013 voters were asked several questions about the issue of abortion.

A total of 89% of the people in the MRBI poll on 30 June said it should be allowed where a woman's life is at risk. As I said earlier in the debate, I know I am speaking for the majority of Irish women on this issue. When asked if abortion should be permitted in cases where the foetus is not capable of surviving outside the womb, 83% said it should be.