Protection of Life Bill
Mattie McGrath opposes the proposed Protection of Life Bill, citing public demonstrations, medical concerns and freedom of conscience, and asks the Taoiseach to allow a free vote or consult voters. The Taoiseach says the Government must legislate for the X case, follow constitutional and legal obligations, and provide clarity to doctors and women while protecting lives.
Last Saturday, an estimated 40,000 people attended a march in peaceful opposition to the proposed protection of life Bill 2013. They included people of all ages from all sections of society. They included people of all faiths and none. What they had in common was a peaceful determination to highlight the dangerous cultural shift that will inevitably take place if the Bill as it currently stands becomes law. A strongly worded and uncompromising statement emerged from the Irish Catholic bishops' conference yesterday. The bishops said in no uncertain terms that they believe the people of this country are being actively "misled" about the true nature of this Bill. Their statement continued:
The right to life is the most fundamental of all rights; it is the foundation of all other rights. No individual has the right to destroy life and no State has the right to undermine the right to life. Yet the Irish Government is proposing abortion legislation that will fundamentally change the culture of medical practice in Ireland. For the first time legislation will be enacted permitting the deliberate and intentional killing of an unborn child. This represents a radical change. Every citizen, not just people of faith, should be deeply concerned.
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They also raised the issue of freedom of conscience and the need for the State to respect the principles of its citizens, including politicians, on the issue of abortion. It is not too late for the Taoiseach to take note of these concerns, which reflect the worries of a significant proportion of our population, including most mental health professionals. It is not too late for him to reverse his decision to deny the members of his own party a free vote on this most contentious of issues. Will he do so? How can he continue to stand over the decision to apply the Whip to this issue and to force through a Bill that is legally flawed, medically unsound and constitutionally unnecessary? As recently as last summer, the Taoiseach's party mounted a campaign to reassure Oireachtas Members that the Government was not planning to introduce abortion. What a farce that has turned out to be.
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I am nearly finished, a Cheann Comhairle. Does the Taoiseach understand why a growing number of people simply do not believe his repeated claim that this Bill is pro-life? Nothing could be further from the truth.
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In light of the mass demonstrations against this Bill that we are witnessing, does the Taoiseach accept that he is acting contrary not only to the best medical practice but also to the expressed wishes of the people who gave his party its mandate? They innocently believed he would stick to his pre-election promise not to introduce abortion.
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I have made it perfectly clear that Governments are elected to govern in compliance with their constitutional responsibilities. Equally, I have made it clear that the members of the Government parties will not have a free vote on this matter. I remind Deputy McGrath that the Bill has not been published yet. He is talking about a Bill he has not actually seen. Last year, the Government set out the process it intended to undertake in this regard. As this has been a very sensitive and divisive issue in this country for over 30 years, I do not propose to play politics with regard to it. The Government set up an expert group which reported on a number of options. There were hearings before Christmas. The Government approved the heads of a Bill on 30 April last. That Bill was sent to the Oireachtas committee that is chaired by Deputy Buttimer. It held three days of hearings from expert groups, expert witnesses and people who wanted to give their views. Today, the Government is considering the response from the committee and finalising the explanatory memorandum and the Bill itself. The Bill will be published immediately after the Government concludes its work.
It is important for Deputy McGrath to understand that the legislation regarding abortion, or "illegal miscarriages" as they were called in the 1861 Act, has been around for a long time. The law that applies in respect of the approximately 30 terminations that took place in Irish hospitals last year is the same law that continues to apply. The protection of life in pregnancy Bill gives clarity for medical personnel and for women who are involved here. It is a requirement of the Government to govern. This is being done in respect of the X case and in respect of providing legal certainty arising from the verdict of the European Court of Human Rights in the case of A, B and C v. Ireland. It is not a case of the Government introducing legislation about abortion. It is a case of the Government providing legal certainty and clarity about a law that has been around for a long time. It has been adjudicated on by the Supreme Court, which found that the people have given pregnant women in this country the constitutional right to have a termination in certain very specific circumstances; that is, where their life is in danger.
This is about women. This is about saving lives. This is about understanding the requirement in the Constitution to give an equal right to the life of the unborn. It is also about ensuring the clinicians and medical personnel involved have a duty and a responsibility to see that everything practicable is done to save the life of the unborn child in cases where there are complex issues with particular pregnancies. The Government is finalising the Bill at the moment. It will be published as soon as the Government has deliberated on it. The legislation will come before the House before being sent back to the committee to be processed in the normal way. I have told Deputy McGrath that I have no wish to play any politics about this. Everybody in the country is entitled to have their opinion. Many people express their opinions in different ways.
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I am not playing politics. I am speaking on behalf of people with sincerely held views.
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The Deputies can laugh if they like. I can tell them that this is no laughing matter. The right of the unborn is a basic human right. It is the most fundamental right of all.
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I am not sure if the Taoiseach really believes we have to legislate on foot of the X case. Perhaps he is trying to convince himself that we do. I am not sure.
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Either way, the Labour Party has certainly succeeded in moulding the Taoiseach in its image. That is a sad day for this country.
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I reiterate that contrary to what the Taoiseach has insisted, in fact there is no legally compelling reason for us to legislate in this manner.
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I am trying to. I would like to refer to what Dr. Maria Cahill of the faculty of law at UCC said before the recent Oireachtas hearings.
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Can we have a copy of the Deputy's speech?
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The Deputy can circulate it with the Lucan Gazette.
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Tommy Morris will circulate it for him.
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What the Bill asks us to do, as legislators, is to set aside entirely the medical knowledge we have and to legislate instead in defiance of science, and explicitly to contradict the best medical practice in the absence of legal justification for legislation. I hope the Taoiseach read the transcripts. I know he had not time to attend the hearings as he has been all over Europe and elsewhere, but it is very important that the listens to this advice.
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I put it to the Taoiseach that, for all his warm assurances, we can have absolutely no confidence that the State will act in the best interests of the unborn child-----
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-----especially when the State has a litany of historical failures already existing regarding the lives of unborn children.
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From start to finish, this so-called debate has been a sham and a charade.
Finally, we saw the Minister for Health last night on "Prime Time"-----
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I am finished. We saw him last night. My question is this. Will the Taoiseach listen to the people? Will he give a free vote? Will he not go to the country, ask the people for their opinion and allow the ultimate democracy?
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First, the Government takes its legal advice from the Attorney General, who is the legal adviser to the Government in a formal sense. That is where the Government takes its advice from.
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Second, the Government is required to legislate for the X case. The Government does not have a requirement to legislate arising from the A, B and C case but it does have a requirement to provide legal clarity from that.
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That is what Government will do. I want Deputy McGrath to understand that on two occasions in the past the people were consulted. The people are the masters here, and they confirmed-----
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Why not give them the chance again? Third time lucky.
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They confirmed and re-endorsed the constitutional rights of women in this country to have a termination of a pregnancy in specific circumstances. Those specific circumstances are where there is a threat to the life of the mother. The termination of a pregnancy running to full term, as the Deputy is well aware, can mean the birth of the child. Obviously, once the foetus becomes viable-----
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The Minister, Deputy Reilly, could not answer as to what happens then.
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-----the termination of a pregnancy will mean the birth of that child and the saving of both lives - the mother and the child.
I want the Deputy to understand that this is a sensitive issue. I am now being branded by personnel around the country as being a murderer, and that I am going to have on my soul the death of 20 million babies. I am getting medals, scapulars, plastic foetuses, letters written in blood, telephone calls all over the system-----
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-----and it is not confined to me.
I want to say this clearly. Everybody in this country is entitled to have their say. I saw the response from the meeting at the weekend. I do not agree with many of the statements that have been made - I do not agree with them. My job, as Taoiseach, is to lead the Government in governing for the people of our country.
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What about his campaign promise?
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Therefore, I am proud to stand here as a public representative, as a Taoiseach who happens to be a Catholic but not a Catholic Taoiseach. I am a Taoiseach for all of the people - that is my job, while I have it. I am proud to lead the Government in governing for all our people - all our people - irrespective of the sector of society that they come from.
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That is my duty; that is my responsibility. The Government that I am proud to lead will act strictly in accordance with our constitutional responsibilities and inside the law. What we are doing here is a requirement to provide certainty and clarity for medical personnel and for women who are involved. As I said before, this is about saving lives, not ending them.