Rónán Mullen (Independent) | Oireachtas source

I accept that the Minister may have revised his position or the language he uses in putting it forward since the matter was discussed in the Lower House. However, he has given no other reason for opposing the amendment similar to this one, which was tabled in the Lower House. That is why it is necessary for me to dwell on what is the Minister's objection to this humane and humanising, though somewhat minimal, amendment. It is very sad that anybody would object to measures which simply give limited protection to unborn children and have no consequences for the service that is being legalised.

Although the Minister claims to oppose the idea of compelling doctors to use anaesthetics in medical practice, the Government has no objection to compelling the use of anaesthesia in other areas. Section 17(1) of the Animal Health and Welfare Act 2013 states:

A person shall not, except in accordance with animal health and welfare regulations, perform an operation or procedure (with or without the use of instruments) involving interference with the sensitive tissue or bone structure of an animal without the use of an appropriate anaesthetic or analgesic administered so as to prevent or relieve any pain during or arising from the operation or procedure.

Indeed, failure to observe that section may lead to a fine and up to six months in prison on summary conviction or a fine of up to €250,000 or up to five years' imprisonment on indictment. In this respect and many others, animals will have more protections than unborn children after the passage of this legislation. Although I am a lover of animals and a passionate supporter of animal welfare, that is not acceptable. This is the sad face of the supposedly tolerant and liberal Ireland which we now inhabit. There is nothing tolerant or liberal about this aspect of it. In the light of the Minister having stated that the Oireachtas should not direct doctors as to when they should or should not use anaesthetics and analgesics, why does the Government think it appropriate to direct veterinary surgeons on when to use such medications? The Minister voted in favour of that requirement at the time. Is the professional judgment of veterinarians more suspect than that of medical doctors such that they are in need of Oireachtas instruction or are animals more deserving of proper treatment than unborn children? It must be one or the other.

Abortion is a violent procedure for the unborn child. That will be unavoidable if this legislation is passed. However, if the legislation were to be amended, the possibility of unnecessary pain being felt by the child during an abortion procedure could be avoided. The amendment is precautionary, at least, and perhaps necessary, depending on the view one takes of the point at which an unborn child can feel pain during an abortion procedure. The aim of the amendment is to impose the duty to minimise pain to the unborn where possible. Irish people inherently recognise the humanity of the unborn and we need to acknowledge that humanity by obliging medical professionals to minimise the pain of abortion procedures.

Several Deputies pointed out in the Dáil that surgeons use anaesthetics on babies undergoing surgery in the womb. Why should they not also be used in the case of surgical abortions? There is no logical reason to deny their use unless one argues that the unborn is to be denied its humanity by virtue of the fact that he or she has been selected to be aborted. I fear that once again an amendment is being rejected because it hints at the reality of what abortion involves and the humanity of the unborn and declares or proclaims the deprivation and rejection of human dignity involved in abortion and this legislation.

Deputy Louise O'Reilly attacked a similar amendment on Committee Stage on the grounds that there is no evidence that unborn children can feel pain during an abortion procedure. On the contrary, there is increasing scientific evidence from around the world that babies in the womb feel pain before 20 weeks.