Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I am glad to be back in the Seanad once again. I stand before the House fully aware of the sensitive and complex nature of the matter we are about to discuss. I am also aware of the wide range of views that exist within this House and throughout the country on this subject. I am sure, however, that it is possible for us to have a respectful debate on the issue. My own personal position is that there is a need for constitutional reform. I support repeal of the eighth amendment and strongly support a woman's right to bodily autonomy. The Joint Committee on the Eighth Amendment of the Constitution and the Citizens' Assembly before it have shown us a good example in this regard. While the views of their members may have been different, the debate never became personal. Today, too, each of us is approaching the issue from a position of wanting to contribute to the common good and to do what is best for the people of Ireland.

Before getting to the substance of the recommendations, I wish to take a moment to commend all members of the Joint Committee on the Eighth Amendment of the Constitution for their work and thank them all for their contributions. Senator Noone, in particular, must be thanked for her calm and balanced handling of the issue as Chairman. I also commend and thank the chair of the Citizens' Assembly, Ms Justice Mary Laffoy, and the members for their careful deliberations and valuable contributions.

As we all know, addressing the legal position on termination of pregnancy in Ireland would require a change to our Constitution. Article 40.3.3° of Bunreacht na hÉireann 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 Protection of Life During Pregnancy Act 2013 currently regulates access to lawful termination of pregnancy. Its purpose is to confer procedural rights on a woman who believes she has a life-threatening condition in order that she can have certainty as to whether she requires this treatment or not.

Last year, the Government put in place a process to examine Article 40.3.3°. A Citizens' Assembly was established with the first order of business being to consider the eighth amendment of the Constitution, Article 40.3.3°. In June 2017, the assembly recommended that the eighth amendment be replaced with a provision that explicitly authorises the Oireachtas to legislate to address termination of pregnancy, any rights of the unborn and any rights of the woman. The assembly also recommended a number of reasons for which a termination of pregnancy should be lawful in Ireland and the gestational limits that should apply. An all-party Joint Committee on the Eighth Amendment of the Constitution was then established by the Oireachtas to consider the Citizens' Assembly's report and recommendations. I should note that the recommendations contained in the committee's report represent the views of the majority of members but that there was not unanimous agreement on them.

The main conclusion of the committee's work is that change is needed to extend the grounds for lawful termination of pregnancy in the State. In order to effect that change, the committee recommended Article 40.3.3° be removed from the Constitution by repeal. The committee then went on to make recommendations on the grounds on which termination of pregnancy should be permitted in Ireland if Article 40.3.3° were repealed. In the first instance, the committee recommended that termination of pregnancy should be lawful where the life or health of the pregnant woman is at risk, without any distinction between risk to physical or mental health. Assessments should be made by no fewer than two specialist physicians, and gestational limits should be guided by the best available medical evidence.

Second, the committee accepted that it should be lawful to terminate a pregnancy that is the result of rape or sexual assault. However, there were concerns about the practicality of including rape as a ground in legislation. The committee was therefore of the opinion that it would be more appropriate to deal with the grounds of rape or sexual assault by permitting termination of pregnancy with no restriction as to the reason up to 12 weeks' gestation, provided it is availed of through a GP-led service and delivered in a clinical context.

On foetal abnormality, the committee recommended that where the unborn child is diagnosed with a foetal abnormality that is likely to result in death before or shortly after birth, it should be lawful to terminate a pregnancy without restriction as to gestational limit. Where there is a diagnosis of a foetal abnormality that is not likely to result in death before or shortly after birth, the committee recommended that the law should not provide for termination of pregnancy. This differs from the recommendation put forward by the Citizens' Assembly, which proposed permitting the procedure up to 22 weeks' gestation in such cases. I hope this divergence will help to reassure people about the careful consideration which the committee gave to this issue. On this point, as Minister of State with responsibility for disabilities, I attach particular importance to the committee's statement that the State should provide specific resources in order that there are social supports for parents and better facilities for people whose children have special needs. This is a particularly important issue for me as Minister of State.

Finally, the majority of members of the committee accepted the five ancillary recommendations set out by the Citizens' Assembly in its final report. They also made recommendations of their own focusing on decriminalising abortion, free access to contraception, comprehensive sex education, and obstetric care and counselling.

This Government is fully committed to ensuring that all women accessing maternity services should receive the same standard of safe, high-quality care. Every woman from every corner of Ireland should expect and be able to access the maternity services she needs. The implementation of the national maternity strategy, Creating a Better Future Together, will, I am sure, help this aim to be realised. Furthermore, officials in the Department of Health, under the chairmanship of the Chief Medical Officer, have established a group to address the recommendations and formulate an effective, comprehensive response to the issues raised by the committee in its ancillary recommendations. The group will cover the following areas, both within the Department itself and the HSE: sexual health; primary care; acute hospitals; disability services; mental health; as well as any other areas subsequently deemed relevant.Sometimes we are presented with the most difficult challenging problems to deal with, areas in which the way forward may not seem clear cut. In these circumstances, I believe our health care professionals are best placed to advise on the optimal treatment options.

We should allow them, in consultation with women, to exercise the clinical judgment and highest standards of medical practice which we know they daily uphold. I like to think that I come from the tradition of Wolfe Tone and the late Tony Gregory which talks about including Catholics, Protestants and Dissenters on this island, with a strong equality emphasis at the heart of our society. I now look forward to a constructive debate on the issues raised by the committee. In closing, I would stress again the need for us all to recognise the sensitivities involved and for our discourse to be respectful of differing views.