Last-ditch attempt to change proposals ‘built on sand’

Proposals to allow abortion on the grounds of suicide were “built on sand”, according to Lucinda Creighton, in her last-ditch attempt to change the legislation allowing terminations in certain circumstances.

Just hours before the final Dáil vote on the contentious Protection of Life during Pregnancy Bill, the Dublin South East TD strongly criticised the basis for the suicide clause as legally flawed.

Ms Creighton, a trained barrister, said the X Case ruling by the Supreme Court more than 21 years ago was being “dangled over us as” as the reason for introducing the suicide clause in “this flawed section in the legislation”.

But she said the Supreme Court had never heard any legal arguments on the issue of whether suicidal ideation could validly satisfy the test of whether there was a real and substantial risk to the life of the mother.

“Therefore, all the medical, legal and public policy arguments that should have been considered were not considered.”

She said the court did not rule on the question of suicide and therefore the Government is not obliged to legislate.

The junior minister also argued that the three branches of Government, the legislature, executive, and judiciary, are supposed to act as a check on one anothers’ decisions.

Ms Creighton also said she was “lost for words” over the Government’s refusal to accept her amendment that would provide for a “pathway of care” involving therapy instead of an abortion for pregnant women who presenting as suicidal.

The Taoiseach’s hopes of limiting his party’s revolt over the issue to fewer than half a dozen TDs were realised after his two constituency colleagues in Mayo indicated they would support it.

Michelle Mulherin, who had previously expressed strong reservations about the clause allowing abortion if a woman is suicidal, told the Dáil: “I am now faced with either supporting the bill or being booted out of the party, my party. And I am not going to allow myself to be booted out, so I’m supporting this legislation.”

Her constituency colleague, John O’Mahony, said he was satisfied that “the safeguards are adequate” to prevent abuse of the legislation.