Rónán Mullen (Independent)
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I welcome the Minister, Deputy James Reilly. This matter arises from written question No. 655 submitted on 31 January 2014 to the Committee of Ministers of the Council of Europe by Mr. Ángel Pintado, a Spanish MP, concerning late term abortions and the rights of newborns who survive late term abortions. As stated by him, in a number of European countries which allow late term abortions it happens that foetuses often survive. The Minister will recall that this issue was discussed in this Chamber last year.

News programmes and articles featuring interviews with health care workers reveal that it is not uncommon to find an aborted foetus with a beating heart and struggling to breathe. For example, it was reported that in the United Kingdom that 66 babies aborted in a particular year had been left to die after the abortions had gone wrong. In Sweden one such child lived autonomously for 90 minutes after the abortion and received no care before he died. In Norway there is evidence to show that some of these newborns could have been viable if they had received the appropriate medical care.

The question put to the Committee of Ministers by Mr. Pintado was what specific steps it would take to guarantee that foetuses that survived abortions were not deprived the medical treatment to which they were entitled as human persons born alive according to the European Convention on Human Rights. As a member state of the Council of Europe, Ireland must take a position on this question. I respectfully ask the Minister what position the Government has taken or will take on this matter when it comes before the Council of Europe. Having regard to the constitutional position in Ireland, in particular, I would have thought it behoved the Government to honour the spirit of the Constitution and defend the right to life of the unborn, particulaly in such cruel circumstances, and add its voice in defence of the right of the child to live. Also, who, on behalf of the Government, will contribute to the elaboration of the reply of the Committee of Ministers of the Council of Europe?

James Reilly (Dublin North, Fine Gael)
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To provide clarity for Senators on what is being discussed, the following question was submitted to the Committee of Ministers of the Council of Europe: "What specific steps will the Committee of Ministers take in order to guarantee that foetuses who survive abortions are not deprived of the medical treatment that they are entitled to - as human persons born alive - according to the European Convention on Human Rights?"

The Protection of Life During Pregnancy Act 2013 requires that the treating doctor must always consider the possibility of preserving the life of the unborn. Therefore the legislation clearly requires that unborn human life must be saved, where this is possible, without compromising the right to life of the woman. In cases of early induction, the neonate must receive the necessary care in accordance with clinical guidelines and best practice. Our response will reflect this extremely clear position.

An initial reply was circulated in May and it was in line with Article 40.3.3 of the Constitution and the Protection of Life During Pregnancy Act 2013. A new draft reply, reflecting the views received by some delegations, was circulated by the secretariat for comments. My officials have considered the revised draft and have submitted views on it to the Department of Foreign Affairs and Trade. If there are no further amendments, the draft reply will be formally put to the Committee of Ministers for agreement on 9 July. If consensus is not reached, consideration will likely be deferred until a later date.

As the House is aware, the Government's position on this matter is extremely clear. Article 40.3.3 of the Constitution states: "The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its law to respect and, as far as practicable, by its laws to defend and vindicate that right." The written question was submitted to the Committee of Ministers of the Council of Europe by a member of the Parliamentary Assembly of the Council of Europe. As such, it is for the Committee of Ministers' deputies, which comprises the permanent representatives of all Council of Europe member states, to agree a reply. We will be advising our permanent representation in Strasbourg of our response through the Department of Foreign Affairs and Trade and it will report back to the Committee of Ministers.

Rónán Mullen (Independent)
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I thank the Minister for his response. I understand from it that the thrust of the Irish Government's position will be in favour of protecting children in that situation and preserving their lives. Will it be possible for us to access the brief from the Irish Government, both at the initial stage and also as the attempt to reach consensus is made? Is it possible for the Minister to furnish us with the brief that will be given to our representative at the Council of Europe?

James Reilly (Dublin North, Fine Gael)
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To confirm the Senator's interpretation, it is absolutely the case that the Government will make it very clear that our position is to protect the right to life of the newborn. With regard to the Senator's question, I would have to consult the Department of Foreign Affairs and Trade before I would be in a position to revert to him.