Protection of Life During Pregnancy Bill 2013

There is no doubt that this legislation is the most difficult and contentious piece of legislation ever to be considered by this house.

Most TD’s would be happier if it was not necessary to deal with this issue.   But our job as legislators is to regulate.   In this case on an issue that has already been decided with the interpretation of the Supreme Court and by the people in two referenda.  

It is important that we understand the current legal situation.   As it stands terminations are allowable in certain cases where the life of the mother is at risk.  

The inclusion of suicide has been a big issue.   However the Supreme Court’s interpretation of Article 43.3 of the constitution considered that a real risk of suicide in extremely rare circumstances is a reason for termination.

That is the situation as it exists today without any regulation or guidelines.   The result of this is that doctors differ and consequently are unsure exactly when a termination can or cannot be carried out.

This uncertain situation cannot be allowed to continue.

The legislation that this house is now considering will put in place a process for a women who finds herself in an extremely difficult situation where she feels her life is at risk.  For the first time there will be a procedure to ensure that a clinical diagnosis is reached and medical support provided by a psychiatrist.

In the extremely rare case where two psychiatrists and an obstetrician agree that a woman’s life is at substantial risk, and all other avenues have been exhausted, then a termination may be approved.

In the constitution as it stands one doctor can diagnose a woman’s termination where there is a threat of suicide.   Without further medical diagnosis.

This legislation will make it a criminal offence for a person to intentionally destroy an unborn human life, which can result in a prison sentence of up to 14 years.

This legislation ensures that there is a transparent process and most importantly the patient, in this case a woman, will have best care possible when in a very vulnerable place.

This legislation also brings clarity for the medical profession which is much needed where there is a physical illness during pregnancy and again where the pregnant woman’s life is at risk.

An obstetrician now has clarity on what medical procedures can be carried out.   This legislation also ensures in the case of an emergency medical procedures required to save a woman’s life can now be carried out.

This legislation is long overdue.   I believe that passing this legislation ensures that clarity is brought to the Supreme Court’s interpretation of the Constitution in the X case.

We have a constitutional obligation to uphold the wishes of the people as expressed in a referendum.   Equally it is our obligation to respect and abide by the decision of the Supreme Court as this is clearly laid out in the constitution.  

We were also requested to bring clarity by the European Court of Human Rights.  

It is important to me as a woman and a mother that a woman’s life is always protected.   Where a medical issue arises and there is a risk to a woman’s life during pregnancy the medical profession needs clarity.  

Often in these circumstances time is of the essence in protecting lives.

Pregnancy is often taken for granted as a normal condition. Thankfully most women have safe pregnancies and deliver healthy babies.   However for others the experience is very difficult and fraught with turmoil.   An unplanned pregnancy is a very lonely place for any woman €“ rape, incest, abnormalities and many other circumstances are not covered in this Bill.     We need to look at how we support crisis pregnancies to give women the support they need in situations that are not covered by this legislation.

Minister Reilly, the Attorney General and legal experts have made every effort to ensure that this legislation is robust and will stand up to Supreme Court scrutiny.    

We are acting strictly within the Constitution with this piece of legislation ensuring that we save lives during pregnancy.

I believe this is long overdue and for all these reasons I support this Bill.