Naughten to oppose suicide provisions in abortion bill

The contentious draft of the Protection of Human Life during Pregnancy Bill 2013 was published last week and is set to be debated in the Dáil next week.

Under the bill, it will now be lawful to carry out a medical procedure, in the course of which, or as a result of which, an unborn human life is ended where the procedure is carried out by an obstetrician at the listed hospitals.

This is subject to two medical practitioners having examined the pregnant woman and certified that there is a real and substantial risk of loss of life and that risk can only be averted by carrying out the procedure.

The bill also provides for terminations in respect of risk of loss from suicide where the medical procedure is carried out by an obstetrician at an appropriate institution.

The terminations could be carried out at Portiuncula Hospital and the Mildand Regional Hospitals in Mullingar and Portlaoise, it emerged last week.

We asked local TDs for their views on the draft bill:

Denis Naughten

South Roscommon Independent TD Denis Naughten said he would not vote for the bill if a suicide provision is included.

Pointing out that the bill itself hasn’t been published and what is available at present is simply draft legislation, Deputy Naughten said he had reservations about aspects of the draft bill, particularly the inclusion of suicide provision, and he will be expressing that view during the debates on the draft bill in the Dáil next week.

“I wouldn’t be voting for it if that provision remains,” he said. “I will not be supporting a suicide provision.”

He said he hadn’t gone through the draft bill in detail, but he has reservations. 

Deputy Naughten added: “I’m on the Oireachtas Health Committee so I will have the opportunity to put forward amendments.

“The reason for my objection to the suicide provision is because Sam Coulter Smith, the Master of the Rotunda, did not believe it was in the best interest of the woman or health services and I respect his opinion.”

He added that Dr Kevin Malone told the Oireachtas hearings that the inclusion of a suicide provision could in fact lead to a higher rate of suicide in young men. 

“I believe there is no medical evidence to support the inclusion of a suicide provision,” said Deputy Naughten.

James Bannon

Local Fine Gael TD James Bannon said this week that he disapproved of the fact that the draft Protection of Human Life during Pregnancy Bill allows for terminations to be carried out due to 'suicidal intent’.

The Longford/Westmeath TD said he had only read the bill once and hadn’t had an opportunity to discuss it with his party colleagues yet, but said he had no problem with the rest of the bill.

“I very much welcome the use of 'the real and substantive risk to life’ rather than health,” Deputy Bannon said, adding: “A case where a mother’s life is at risk is clear cut. I disapprove of suicidal intent in any bill. It’s internal to the person and impossible to tell.”

“I’m happy to live in a country that hasn’t brought in abortion. I don’t want to see a situation where any legislation will be brought in to allow abortion on demand,” he said, adding that this bill doesn’t allow for this.

Deputy Bannon added that he hadn’t had a chance to debate the bill in any great detail and said there was no question of the Government rushing the legislation through the Dáil.

“I want to get greater clarity on all aspects of the bill. I’ve only read through the bill once, but there are extra safeguards put in place,” he said.

Willie Penrose

Deputy Willie Penrose said he hadn’t decided yet how he would vote on the bill.

“It’s a very restrictive piece of legislation,” he said, while adding that it could be tightened further, and this is something that could happen as it is debated in the coming weeks. 

He said he knew that people were concerned about it and said: “We are subject to the constitution, the can be no deviation from it.

“We cannot disregard, ignore or disobey our constitutional obligations,” said Deputy Penrose.

Robert Troy

Fianna Fáil TD Robert Troy said he is undecided at present as to how he will vote on the bill, but said he had grave reservations in relation to the suicide provision in the draft bill.

“I sat in for three days of the hearings and there was no evidence that leads me to believe that abortion is the way to treat a woman who has suicidal tendencies,” he said.

However, he added that in the 1993 Supreme Court ruling on the X Case, the court decided that suicidal thoughts was considered a real and substantive risk to the life of the mother.

“I have grave reservations, but I’m also conscious of our obligations as legislators,” said Deputy Troy.

He said legal advice indicates that the suicide provision cannot be omitted from the bill as the legislation wouldn’t be constitutional on this basis and could be challenged in the Supreme Court. He added that the only way to remove this, while also fulfilling constitutional obligations, would be to hold a referendum, but the Government wouldn’t do this.

Adding that he has yet to make up his mind as to how he will vote, Deputy Troy said: “I have reservations about the suicide provision due to the medical evidence we heard at the Oireachtas hearings.”

Nicky McFadden

Longford/Westmeath Fine Gael TD Nicky McFadden has said that preserving the right to life of the unborn while ensuring the safety of expectant mothers was at the heart of the Protection of Life During Pregnancy Bill.

“This Bill aims to bring clarity, certainty and safety to both women and medical personnel. The legislation deals with only the scenario where there is a significant threat to the life of an expectant mother, and there is no alternative except for a medical intervention.

'The legislation will be strictly within the Constitution, strictly within the law and will adhere to the State’s obligation under the Supreme Court and the European Court of Human Rights Judgement,” Deputy McFadden said.

“Of course I fully understand why many people will be anxious about the possible consequences of this legislation. I have grappled with the issue myself over the last number of months and I have listened to and considered the differing opinions of my constituents, as is my job as a legislator.

'I do believe that the Government has to clarify the legislation for women and the medical professionals who have a duty of care to the woman and her unborn baby.

“At the time of the tragic death of Savita Halappanavar I said that the issue needed informed, logical and calm examination. We cannot say for certain if the Bill would have saved Savita but it would have brought much greater clarity for everyone concerned and I think that in the future it will save lives,” Deputy McFadden said.

“The Heads of the Bill recognise that the issue of suicidal intent on the part of an expectant mother is even more difficult to assess than the case of a physical risk where an emergency arises from a medical point of view.

'That is why the Bill proposes that in those cases, rare though they might be, a multidisciplinary team should make an assessment. The team of an obstetrician/gynaecologist and two psychiatrists must confer and make a judgment, all the while balancing the protection of the life of the unborn against the risk to the life of the mother.”