Seanad debates

Wednesday, 28 March 2018

An Bille um an Séú Leasú is Tríocha ar an mBunreacht 2018: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Thirty-sixth Amendment of the Constitution Bill 2018: Committee and Remaining Stages

 

10:30 am

Photo of Terry LeydenTerry Leyden (Fianna Fail) | Oireachtas source

That will be of some help, if the Government can agree to it. When the earlier Bill was passed, the Department of Health did not make much effort to bring in detailed protocols and procedures to assist the medical profession in the implementation of Article 40.3.3° because the then Minister did not agree with it. They should have been introduced in law to ensure proper interpretation of the objective of the eighth amendment would become a fact.

I sympathise with all the maternity hospitals, gynaecologists and obstetricians who, I accept, were and are faced with difficult dilemmas. The Department in its wisdom should be prepared if this Bill fails. I will be voting against it and I will be voting against this Bill. The Department should consider the outcome of that decision and give guidance and assistance to medical practitioners to ensure the proper implementation and interpretation of Article 40.3.3°, the eighth amendment, which was a clearer statement of support at that time and it has served many people well. Bad cases make bad law. I have heard all the details about when a foetus becomes a child, and up to 12 weeks is a long time. Most people would recognise that after 12 weeks of having been conceived, that foetus has the right to life. That is the case I would make, namely, the right to life of the unborn.

The unborn is a child that has been conceived. I will not go into the detail as people know exactly what I mean. It is a very serious and profound decision. I respect the views being expressed by others and they are quite persuasive. I am the only person here who was present on that March day in 1983 when I went through the debate on this matter in detail in this House. I read all the contributions by different Members. I got the Official Report from that time and it was a fascinating, interesting debate that is worthwhile reading. I welcome that I have got that assurance from the Minister. The people will know what they are voting on. That is based on the current standing of the Oireachtas bearing in mind that we have a minority Government but when the day comes that there is a majority Government in power with Sinn Féin and the Labour Party controlling it, then it will be an open day-----

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