Martin defends abortion stance as a reasonable compromise

The Minister for Health vigorously defended the Government's proposed abortion referendum in the face of strong Opposition criticism.

Mr Martin said the proposals were aimed at achieving a reasonable compromise, which would enjoy the support of the middle ground of opinion and, hopefully, be seen by the other groups as an honest and genuine attempt to provide an acceptable and workable solution to a complex issue.

"The Government, having considered all the options, is opposed to permitting any intervention which could or would result in the death of the unborn child, other than where the mother's life is at risk from a medical condition, excluding a risk of suicide.

"I believe that the majority of Irish people are opposed to any lessening of the protection currently afforded to the unborn and I have no doubt that any proposal to remove Article 40.3.3 from the Constitution, which would be necessary if it were proposed to legalise abortion, would fail."

Introducing the 25th Amendment of the Constitution (Protection of Human Life in Pregnancy) Bill, 2001, Mr Martin said the Government's proposal would protect best medical practice, while providing for a legislative prohibition on abortion and underpinning such legislation with an amendment to the Constitution.

"The Government is satisfied, on the basis of all the expert medical evidence which has been presented and discussed, that there are rare life-threatening conditions or illnesses, either associated with pregnancy or exacerbated by pregnancy, in which, in order to save the woman's life, it may be necessary for doctors to consider taking action in the course of which, or as a result of which, unborn human life is ended.

"The Government does not believe that a risk of suicide is a valid basis on which to provide for medical intervention."

The Fine Gael spokesman on health, Mr Gay Mitchell, moved an amendment seeking a three-month postponement of a vote on the issue "to enable the Government to present to Dβil ╔ireann satisfactory reasons for the mechanisms being proposed and their implications for the Oireachtas, the Courts and the public interest."

He said that the Government's proposals, involving as they did an amendment to incorporate the effect of detailed legislation into the Constitution for the first time, needed careful examination.

"For all we know, there could be weaknesses in the proposals which we have not discovered on first reading. That is why the committee and report stages require careful examination."

Mr Mitchell said that Fine Gael had serious reservations about the Bill. For example, he added, any medical practitioner, even one just out of training, could decide to carry out the medical procedure referred to in it.

"Senior physicians have already questioned this provision. By contrast, a lawyer cannot decide even a minor court case until he or she has the 10 years post-qualification requirement to become a judge."

In 1983, said Mr Mitchell, a short amendment to the Constitution seemed to be watertight. On the first challenge, and to the surprise of those who proposed and supported the amendment, the Supreme Court ruling in the X case showed it was not watertight.

"The Government now effectively proposes a much longer amendment and this may give even wider scope for interpretation to the Supreme Court."

The Labour spokeswoman on health, Ms Liz McManus, moved an amendment declaring that the procedure was legally and constitutionally flawed, diluted the equal right to life of the mother and sought to overturn the decision taken by the people, in 1992, upholding the judgment of the Supreme Court in the X case.

"It is the view of the Labour party that the removal of suicide as grounds for an abortion would constitute a grave, if rare, risk to women's lives. It was our view in 1992 and it remains our view today, in 2001.

"Regrettably, this time around the Progressive Democrats have ditched principle in favour of political expediency.

"Many people listened and squirmed at the weasel words of Minister [Liz] O'Donnell at the press conference to launch the Bill when she defended the indefensible somersault executed by herself and her party. The choice of radical or redundant has now been made by the PDs. They have chosen the latter and are clinging desperately to the Government train until it runs out of steam."