Colm Burke (Fine Gael) | Oireachtas source

I welcome the Minister and thank him for steering this Bill through Dáil Éireann before introducing it in the Seanad tonight. The legislation proposes to afford the electorate an opportunity to give their decision on whether the eighth amendment to the Constitution should be left in place or removed. The purpose of the debate is to allow Senators to discuss the Bill to facilitate the holding of a referendum. Some people have already made up their minds on what they intend doing, while others want to listen to the arguments on both sides. It is important, therefore, that we listen to both sides and have a measured and reasonable debate. The Thirty-sixth Amendment of the Constitution Bill gives the people of Ireland a say on how they believe we should proceed.

The eighth amendment in 1983 inserted Article 40.3.3° in the Constitution. The Attorney General at the time, the late Peter Sutherland, expressed his concerns about the amendment to the Constitution when he stated:

Further, having regard to the equal rights of the unborn and the mother, a doctor faced with the dilemma of saving the life of the mother, knowing that to do so will terminate the life of ‘the unborn’ will be compelled by the wording to conclude that he can do nothing. Whatever his intention he will have to show equal regard for both lives, and his predominant intent will not be a factor.

Mr. Sutherland was correct in his view that the amendment was not workable. In 1992, the Supreme Court decision in the case of the Attorney General v. X gave a clear ruling that the termination of a pregnancy could proceed where there was a real and substantial risk to the life of the mother. Two decades passed before the Protection of Life During Pregnancy Act 2013 was passed. At the time, I and the Leader, Senator Jerry Buttimer, were members of the Joint Committee on Health and Children which debated this issue for a significant time. The 2013 Act did not provide for the changes proposed in the Bill before the House, which provides for a referendum and the introduction thereafter of legislation.

We have a report from the Citizens' Assembly and a second report from the Joint Committee on the Eighth Amendment of the Constitution. I pay tribute to all Members of the Oireachtas on both sides of the argument who engaged with the joint committee. It is important that all sides were able to make strong arguments for and against change. We now have two reports which clearly recommend change and a Supreme Court decision that sets out the current legal position. It is important the Supreme Court made its decision before this legislation was introduced.

We have a number of major problems. In addition to women travelling abroad for abortions, we have the growth in the online purchasing of medication and the use of such medication without proper medical supervision. We cannot allow this to continue. Women who want to terminate a pregnancy must be given proper advice and have access to proper medical supervision.

While people have concerns about the proposed changes and it is important that the views of all sides are listened to in the referendum campaign, the final decision must be taken in the best interests of the people directly affected. They can make up their minds on this issue and are already doing so by travelling abroad and purchasing medication online. The current law denies women in such circumstances access to medical services.For that reason, this referendum should be held and we must bring about the requisite change. What is proposed is a measured change. This country has relied on the political system since 1922 and that system has managed the affairs of the State well. By bringing about this change in the Constitution, trust will be vested in the Houses of the Oireachtas, which will act in a proper manner now and in the future. Therefore, I will support the Bill as well as the referendum when it is held on what I understand will be 25 May.