Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

I move amendment No. 53:

In page 15, between lines 25 and 26, to insert the following:

“Dignified Disposal of Foetal Remains

23. (1) The bodily remains of a foetus who has been the subject of a termination of pregnancy carried out by surgical means shall be disposed of only by way of:

(a) burial in a burial ground for the purposes of section 44 of the Local Government (Sanitary Services) Act 1948; or

(b) cremation carried out in a crematorium, being a building fitted with appliances for the burning of human remains which is lawfully used for that purpose as its primary function.

(2) The Minister shall make regulations to provide for the dignified disposal in accordance with subsection (1) of the bodily remains of a foetus who has been the subject of a termination of pregnancy carried out by surgical means.

(3) The woman who has availed of a termination of pregnancy carried out by surgical means shall be entitled to choose the manner of the disposal of the bodily remains of the foetus subject to subsection (1) and regulations made by the Minister under subsection (2) and the said regulations shall provide for the manner of disposal in the event that no such choice is made.

(4) A person who disposes of the bodily remains of a foetus who has been the subject of a termination of pregnancy carried out by surgical means otherwise than in accordance with subsection (1) shall be guilty of an offence.

(5) A person who disposes of the bodily remains of a foetus who has been the subject of a termination of pregnancy carried out by surgical means otherwise than in accordance with regulations made by the Minister pursuant to subsection (2) shall be guilty of an offence.

(6) A person who is guilty of an offence under subsection (4) or subsection (5) shall be liable on summary conviction to a class A fine.

(7) A person who sells or offers to sell a foetus or the bodily remains or any part thereof of a foetus who has been the subject of a termination of pregnancy shall be guilty of an offence.

(8) A person who carries out any experiment or procedure not authorised by this Act on the bodily remains of a foetus or any part thereof who has been the subject of a termination of pregnancy shall be guilty of an offence.

(9) A person who is guilty of an offence under subsection (7) or subsection (8) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(10) In this section “termination of pregnancy carried out by surgical means” means a termination of pregnancy which involves carrying out a procedure other than or in addition to the administration or self-administration of a drug or drugs to the pregnant woman in order to end the life of a foetus.

(11) Subsections (4), (5), (7) and (8) shall not apply to the woman who has availed of the termination of pregnancy concerned.”.

This amendment was tabled on Committee Stage in the Dáil and there was commentary around it suggesting that the amendment was aimed at early pregnancy. That never was, and is not, the aim of this amendment. It is aimed at the dignified disposal of the baby's body after surgical abortion. The amendment gives 100% clarity to that fact and to the fact that no criminal offence attaches to the mother of the baby.The aim of this amendment is to ensure that the remains of the baby are disposed of in an appropriate way, either via cremation or burial. The amendment certifies that the mother can decide how the disposal happens, if she so wishes. It does not create an imperative in that regard. It also seeks to ensure that the disrespect that has been shown to foetal remains in other countries will not happen here. We know from reports from the United States that there was an industry built around the sale of body parts of aborted babies. While this amendment is unpalatable, the reality of life is that, if we are not clear in prohibiting the sale of body parts for research, experimentation or whatever else, such practices can arise. I appeal for the necessary clarity on the question of how the remains of babies will be properly disposed of. This is an important issue.

The Seanad has been discussing humanity a great deal in the context of our amendments on seeking pain relief for a baby if there is any chance at all that he or she will feel pain and on seeking that babies born alive are given due care. This amendment is seeking the same thing - simple humanity towards the littlest members of our society. The Irish people voted to repeal the eighth amendment. It is fair to say that they did not vote for a baby to suffer and die in pain, be left to die after a failed abortion or to have his or her remains disposed of in a disrespectful manner.

The woman who has had the abortion is entitled to decide whether burial or cremation is availed of, though she need not feel any pressure towards participating in that decision. The proposal seeks to prevent such terrible practices as those that arose in the US and the UK. See the final report of the Select Investigative Panel of the Energy and Commerce Committee of the US House of Representatives on 30 December 2016, which outlines some of that. I will not go into the detail now. In the US, an industry has effectively grown up around the sale of organs and other human tissue from aborted babies, a practice that was only uncovered following an undercover investigation. For more information on that activity, the Minister can read the final report. Similarly, poor practices in the disposal of babies' remains in Britain developed in the absence of strict legislation prohibiting or outlawing such practices. The bodies of many aborted and miscarried babies were incinerated as clinical waste. Some were being used to heat hospitals and ended up in municipal waste.

The Minister referred to this amendment on Committee Stage in the Dáil as "distasteful", but there are many provisions in the Bill that are highly distasteful to us. The whole Bill, which takes away rights from an entire section of society, is distasteful. What we are trying to achieve is dignity for the baby. We believe that this amendment is balanced between the needs and desires of the mother and the rights of the child to dignity in death. The UK Human Tissue Authority issued guidance on this topic in 2015 after the The Daily Telegraphexposed the story of foetal remains being used to heat hospitals. Those guidelines say that women should be made aware of options for disposal and given every support in a sensitive manner to come to a decision.

As Members may know, it was reported in 2000 that Holles Street hospital had admitted that it may have incinerated the remains of a baby whose mother had been led to believe her child would be buried in Glasnevin. It was also reported that it had taken some years for this admission to be made. Let us get this right now by incorporating this amendment in primary law. There is an exception made in the amendment for experimentation, for bona fide and lawful medical assessment or treatment of the woman, as it should be.

Under the amendment, the primary responsibility is on the hospital or setting where the abortion takes place, not on the woman. It is important to note that. This is a balanced and reasoned amendment that fits with other amendments and I hope that the Minister will look favourably upon it.