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 Ivana BacikIvana Bacik (Independent) | Oireachtas source

I welcome the Minister. I commend and thank him for his very powerful words last night both in opening and closing the debate on Second Stage and expressing such powerful reasons we should support the Bill. I am glad that it was passed on Second Stage in the Seanad last night by 35 votes to 10. I very much hope we will see it being swiftly passed by a resounding majority today once we get through Committee and Remaining Stages. I did not intend to speak because I had the opportunity to make a contribution on Second Stage last night, as did my colleagues, but I cannot listen to the scaremongering by those who oppose the Bill. There are some points that need to be made and facts and legal truths about which we need to speak about what the Bill will mean if it is passed and if the referendum is passed at the end of May.

There will be no legal vacuum if the referendum is passed. The Protection of Life During Pregnancy Act 2013 will remain in force and abortion will remain prohibited, except where necessary to save the life of a pregnant woman. As we know, strict and stringent criteria are laid down in the 2013 Act which provide for when doctors may intervene in such circumstances.The Oireachtas may amend or repeal that legislation if the eighth amendment is removed from the Constitution. However, as the Minister made clear last night and all Senators know to be true, any Bill put through the Oireachtas will be subject to normal parliamentary scrutiny.

The Government has put forward detailed proposals for the legislation it will introduce and the Labour Party will be happy to support its Bill, which will be debated in full in both Houses, as is our duty as legislators. The legislation amounts to a very sensible, evidence based set of legal criteria and a very strict and robust legal framework to provide women with the caring and compassionate health care they clearly need.

The 12 weeks proposal is one that is rooted in medical evidence presented to the Joint Committee on the Eighth Amendment of the Constitution and of the doctors with whom the Minister has been consulting since the joint committee concluded. The Minister and his officials have worked hard to produce robust legislation that is in line with legislation in other countries. The 12 weeks figure is not plucked from the air. As far back as the Roe v. Wade case, Mr. Justice Harry Blackmun in his wonderful judgment spoke about the first trimester. It is medically different and also the period in which medical abortion, namely, the abortion pill, may be used. The 12-week period has been chosen for all sorts of reasons. It has not been plucked from the air and it is not a period that can be extended at whim, as some Senators appear to suggest. It is a very clear demarcation and there is no proposal from anywhere to extend it in any way. The Minister outlined strict rules that will apply even within the first trimester period, including the provision for a 72-hour consultation period. He also stated clearly that late term abortion will be prohibited. Dr. Peter Boylan has also spoken clearly on this issue and referred to the need for neonatal teams and specialists to be present if viability is an issue. This will be built into the legislation.

I support the comments of the Minister and those of other speakers that the Bill will not open floodgates. Opponents of the 2013 Act and naysayers argued that it would open floodgates and women would lie routinely to secure access to abortion. This has not happened. Only 77 women or 25 or 26 per year have had an abortion since 2013 and abortion is carried out only where it is necessary to save their lives. We will pass sensible, compassionate legislation that will not open floodgates and will meet the needs of Irish women if this referendum is passed. I will do my best and work as hard as I can to ensure it is passed. I thank the Minister again and apologise again for speaking for so long on Committee Stage.

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