A lot not done, a lot still to do
Micheál Martin as Minister for Health & Children, in the Dail on 25 October 2001 to push through the legislation for the 25th Amendment to the Constitution –
The purpose of the Twenty-fifth Amendment of the Constitution (Protection of Human Life in Pregnancy) Bill is to provide a secure and effective constitutional basis for a legislative approach to the protection of human life in pregnancy. The proposals are designed to ensure that women can continue to receive all necessary medical treatment during pregnancy, while at the same time ensuring maximum protection of the unborn and maintaining a clear prohibition on abortion.
The mechanism proposed is that a referendum will be held to approve the insertion into Article 46 of the Constitution of the text of proposed amendments to Article 40.3 of the Constitution. These are (i) a new subsection 4º in Article 40.3 to provide that the life of the unborn in the womb will be protected in accordance with the Protection of Human Life in Pregnancy Act, 2002; and (ii) a new subsection 5º in Article 40.3 to provide that any future proposal to amend or repeal the Protection of Human Life in Pregnancy Act, 2002 will have to be approved by the people in a referendum … The new law will, therefore, define “abortion” in a way that clearly excludes such ethically legitimate procedures from being termed an abortion for the purposes of our criminal law. Doctors may provide any medical treatment which, in their opinion, is necessary to safeguard the life of a pregnant woman. The doctor’s opinion must be formed in good faith and there is an explicit requirement that regard be had to the need to preserve unborn human life, where practicable. It is important to emphasise that doctors, when treating a pregnant woman, make every effort to safeguard not only her life, but that of her baby. This will not change after the passage of the Act.
Questions for the current leader of Fianna Fail given the context of the Savita Halappanavar case: do you still believe that legislation to cover what doctors can do in the case of life-threatening pregnancies needs to be embedded in the Constitution, and do you believe that the formula you outlined in 2001 for guiding such treatment is still relevant?