I would like to express my sympathy with the unfortunate family involved in this very tragic case. I welcome the initiative of the Taoiseach in making himself available for general consultation because there must be consensus on this occasion. I have no doubt that there must be an amendment to the Constitution now. That is quite clear. The leading article in the Irish Independent made the point that is often argued that hard cases make bad law but in fact it is clear from this case that bad laws make and invite hard cases. Here we are in the very hard case that many of us, on the anti-amendment side, predicted would inevitably come about. It behoves every political party and every individual to behave responsibly and to move towards consensus because politicians are morally responsible for this disastrous mess.
The predictions of people who were also caring and compassionate have been fulfilled. The virtues of caring and compassion do not solely reside with those who have appropriated for themselves titles such as "Family Solidarity" and so on. Our reservations were made clear and were ignored. It is important to note that the Church of Ireland, the principal Protestant church in this country, made it clear that where pregnancy resulted from rape, abortion, however regrettable, was morally defensible. What we have in Article 40.3.3º of the Constitution is nothing other than blatantly sectarian law. I say that as one of three Members of the Oireachtas who are members of the Anglican Church. However, it would be wrong and unfair to characterise the people who took the opposite position with regard to the amendment and who are still firmly against abortion as being uncaring or inhuman. Because of the very bad international publicity that has emerged, I wish to state my continuing conviction that the vast majority of the Irish people, regardless of what newspaper headlines in other countries may say, are caring, compassionate and tolerant people.
The Government have behaved unwisely on a number of occasions. It is extraordinary that there should be this obsession with the private lives of individuals. I understand Deputy Collins scuttled off to Maastricht to secure a derogation from the Maastricht Treaty in regard to abortion. I wonder why he did that? He did not seek a derogation with regard to Articles 2 and 3 which are clearly violated by the Treaty of Rome and the Maastricht Treaty. No such derogation was attempted. It casts a very curious light upon the Government's priorities in this matter.
Article 41.1 of the Constitution states that:
The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.
In the light of that Article of the Constitution I cannot understand how the Attorney General can presume so grossly to violate the family unit and interfere with the decision that was so carefully and so painfully taken by this tragic family.
With regard to injunctions, it is now, possibly, open to any informant or busybody to injuct any citizen of this State leaving for a purpose that is deemed to be criminal. A number of Members of both Houses have travelled abroad to seek divorce. Legally and technically they stand in danger of injunction by a busybody. There is no question that the Attorney General in that instance would have no capacity for manoeuvre at all. This is a very regrettable state for us to have allowed ourselves to get into.
I am very glad Senator O'Donovan referred to the sensitive, caring and dignified statement of President Robinson last night. I believe most people in this country no matter what position they take on abortion, are grateful that we have somebody in the highest office of the land who can express the pain and confusion of the Irish people at this time.
I believe an amendment to the Constitution is necessary. I take this very seriously and, with the assistance of some legal friends, I have drafted a Bill which would have the effect of amending the Constitution. There should be no delay. However, I have looked into the Constitution and it appears that a Bill to amend the Constitution cannot be introduced in the Seanad; this must be done in Dáil Éireann. I would therefore like to make available to the Acting Leader of the House a copy of the Bill I have had prepared so that he may add this into the discussion for consideration. I hope he will consider this a positive gesture.
One must listen to the voice of women. I am very glad that two of the previous speakers spoke very feelingly from the special position of women. The special position of women is recognised in the Constitution and I read with great interest the story in the Irish Press this morning of a woman who was raped. At the moment this young child is only the victim of an alleged rape. The woman referred to in the article was raped and we must listen to what she has to say. She disagrees that an abortion after being impregnated by a rapist is another act of violence.
I disagree with that. I think to force someone to bring a baby to full term which has been conceived during rape is an act of violence. I think a lot of people forget that the young girl, as I was, is at school and that she has to carry a baby like that full term, for nine months. I think that is a miscarriage of justice. It is so unfair... I was only a child, I had no idea what to do. I was making myself sick worrying about it. I had to tell someone, there was nothing I could do. To be honest I think this country has placed far too much emphasis on the right of the unborn foetus to life. There is also the right of the quality of life of the mother. A foetus at eight weeks is the size of a 10p piece. Some people consider it to be alive. You can abort without even knowing you have aborted at eight weeks pregnant, a lot of women do and it is just like a heavy period.
This is the voice of a person who has been through this trauma.
With regard to the equal right of life of the foetus, that is the most astonishing insult to have in the Constitution. It must be removed. Do none of the people here in this House or who proposes this kind of amendment feel for their wives? I have to thank God that I am not a woman, I am not heterosexual and I am not married to somebody who, after 25 years of marriage, would value me equally with a fertilised ovum, a microscopic form of potential life, whose potentiality for life I respect. Can any person tell me that he values somebody he loves, with whom he has shared his life, equally with something that has the beauty and potential for life, but is only potential? To me that is a blasphemy against life.
It seems to me that, in this judgment, the State is giving the right to a man to force a woman to have his child. Her liberty will be restrained and anybody who tries to prevent such enforced motherhood will be imprisoned. The female's right to choose who shall be the father of the child, the essence of natural selection, is denied by the Constitution. If there should be a crazed man who kidnaps a girl and artificially inseminates her, she is now condemned to carry that child. If this is copperfastened, any woman who goes for a pregnancy test could be reported to the Attorney General. Is it true that the Attorney General has instructed the Garda to report cases where anybody proposes to leave the country with the intention of having a termination?
Another important point is the question of identification of the father by genetic fingerprinting. I understand that DNA from an aborted foetus would not be allowed as evidence. This has the effect of preventing women from taking the necessary step.
If, for example, medical treatment of a kind other than abortion became necessary, in Belfast for example, would this girl be allowed to travel? Can she do so without seeking the permission of the Attorney General? It is astonishing to me that, in the light of the evidence that this girl's psychological health was devastated, she is still to be forced to continue this pregnancy to its conclusion. Think of the effect this will have on victims of rape. Can they have the confidence now to go to a clinic, to ask for advice, to report the rape, without the suspicion that they too may be injuncted? This is a most pitiful thing and all our hearts go out to those involved in this tragic case.