The abortion debate

Sir, – There is no legal or constitutional obligation for Enda Kenny or any other politician to legislate for the deliberate killing of an unborn child and there is no medical evidence to support this radical change to how we treat our mothers and their children. His assertion that he has a duty and responsibility to legislate in respect of the people’s wishes is totally unfounded.

Legislation for abortion was never included in election manifestos, or Plan for Government of the Fine Gael and Labour Coalition partners. More significantly, the Irish people have already voted to maintain legal protection for the unborn child, in three referendums, as did Enda Kenny’s party Fine Gael, along with the Labour Party in 2002.

In rejecting the 2002 referendum, these parties voted to retain and protect the existing statutory law. Mr Kenny and other political leaders cannot choose to ignore or to abandon that statutory law which protects unborn life from the moment of its existence, the 1861 Offences Against the Person Acts 58 & 59 and again in the 1979 Health Act. While these same Dáil leaders, party members and Senators are now calling for the repeal of this long-standing “all Ireland” law, Attorney General for Northern Ireland John F Larkin QC states, “abortion in Northern Ireland is a matter regulated by the criminal law . . . abortion in Northern Ireland is a criminal offence”.

The taking of an innocent and defenceless human life can never be justified. Therefore, to decriminalise abortion is a contradiction of the most fundamental principle of the legal system; the principle that human life is to be safeguarded and defended at all times. The right to life is the foundation of all other human rights. The Government must respect the democratic and constitutional right of the people to have the final say on this matter by referendum. – Yours, etc,

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DANA ROSEMARY
SCALLON,

Claregalway,

Co Galway.

A chara, – Dana Rosemary Scallon has called on the Government to hold a referendum on the proposed Protection of Life During Pregnancy Bill (Breaking News, July 8th). The Irish people have decided twice via referendums in 1992 and 2002 to allow and retain, respectively, the legal provision for abortion in the case of a mother who is suicidal. This proposed Bill finally legislates for what the people have decided in this regard.

If Mrs Scallon succeeds in convincing the Government to hold another referendum on this issue, which again upholds the legal provision for abortion in the case of suicidality, will Mrs Scallon continue to ask for a referendum until the people’s will matches her will? – Is mise,

ERIC CREAN,

Cherrymount Park,

Phisborough,

Dublin 7.

Sir, – Politicians who vote against the Protection of Life During Pregnancy Bill show a poor understanding of the law. An indisputable fact is that abortion has been legal (though not available) in Ireland since 1992 in the circumstances outlined by the Supreme Court in the so-called “X case” judgement. The Supreme Court’s decision is absolute in law and can only be changed by referendum.

The Protection of Life During Pregnancy Bill does not change the Irish position on abortion, it merely enforces the Constitution, albeit 21 years after the event. It took the European Court of Human Rights (ECHR) to wake us up to our collective responsibilities in this matter, having dozed off since 1992 hoping it would simply go away.

The ECHR did not rule in favour of abortion in Ireland; in fact the court upheld Ireland’s right to prohibit abortion and ruled solely on “the State’s failure to secure effective respect for [the plaintiff’s] private life by reason of the absence of any implementing legislative or regulatory regime providing an accessible and effective procedure by which she could have established whether she qualified for a lawful abortion in Ireland”.

The “pro-life” lobby wants an à la carte Constitution, preferably rewritten to suit their own beliefs. The X Case judgment on suicide ideation has twice gone to referendum in attempts to reverse it, and twice it has been rejected (1992 and 2001).

Various spokespersons for the “pro-life” movement (including their legal representatives) have expressed opinions that if the ruling of the Supreme Court can’t be overturned, it should be ignored. They argue that if the Supreme Court were to rule on the “X case” nowadays, it would reach a different conclusion. They argue about the details and validity of the submissions to that hearing, as though we were in the process of retrying the case. That is not how the Constitution works. – Yours, etc,

RONAN QUINLAN,

Bothar tSlí Leathan,

Baile Atha Cliath 15.

Sir, – It is not the TDs who lose the Fine Gael whip because of their decision to vote against the Abortion Bill that should be worried about re-election. In the light of Enda Kenny’s broken promise, given before the last election, not to legislate for abortion, it is the TDs who keep the whip that should be far more worried. – Yours, etc,

CATHERINE KELLY,

Greendale Road,

Maryborough Woods,

Douglas, Cork.

Sir, – I note from Arthur Beesley’s piece (Home News, July 8th) that the Taoiseach will move “swiftly” to appoint a successor to Lucinda Creighton as Minister of State for European Affairs if she votes against the abortion legislation and is expelled from the Government.

I do not know if Lucinda Creighton is being brave or intransigent but believe strongly that the Government is a better place with her in situ. We need thinkers and fighters in these tough times – not grey-suited mongrels who are prepared to roll over and have their tummy tickled in return for a committee chair and a Dáil pension. – Yours, etc,

GEOFF SCARGILL,

Loreto Grange,

Bray,

Co Wicklow.

Sir, – The Dáil has to make a big decision this week. It must answer the question, “Do we allow a woman who is mentally disturbed while pregnant the legal right to take the life of another human being, one who is unprotected and as yet unborn, or do we decide to protect her and her unborn child and save both lives?” That question is simple. It must be answered first. We take one step at a time and go forward from there. Trying to answer too many questions at once only confuses things. – Yours, etc,

JAMES NEVILLE,

Abbeyfeale ,

Co Limerick.

Sir, – Patrick Carr (June 6th) laments that more Fine Gael TDs have not stood up for “Fine Gael values” and opposed the proposed legislation on abortion.

I, for one, am concerned to learn that these values include the denial of rights – implicitly enshrined in our Constitution, illuminated by our Supreme Court and twice confirmed by the people of Ireland in referendums – to the women of Ireland.

But mostly I am concerned that these values show a shocking lack of consideration for people in a desperate situation. Fortunately for the rest of us, the majority of politicians, just like the people they represent, eschew these values and are finally taking a small step towards a better society.
The political class has, for more than two decades, failed to legislate for fear of upsetting a powerful, religiously conservative lobby. Much as it pains me to say it, the only brave person in the Oireachtas has been Enda Kenny. – Yours, etc,

DAVID BEATTY,

Coolamber Park,

Knocklyon,

Dublin 16.

Sir, – In view of the applause given to the Taoiseach a couple of years ago when he boasted that Ireland was no longer intimidated by “the swish of a soutane” or “the swing of a thurible”, one would hope that similar admiration will be extended to those TDs who will not be frightened by the “crack of a whip”. – Yours, etc,

Prof JOHN P McCARTHY,

Fordham University,

New York.

Sir, – Worrying about Lucinda’s political career path occupies the minds of many, but it’s the medical needs of the future women of Ireland that concerns me. – Yours, etc,

MARY BURNHAM,

Woodlawn Park,

Mounttown,

Dún Laoghaire,

Co Dublin.

Sir, – To renounce your conscience for the sake of your career is the pact that Faust made. Would someone please ask Enda Kenny how can he order someone to do just that? – Yours, etc,

DAVID RICE,

Marine Village,

Killaloe,

Co Clare.

Sir, –– I presume that Mr Kenny will follow the dictates of his informed conscience on the Bill. Why then is he so determined to block his colleagues in Government from doing the same? What is he afraid of? – Yours, etc,

JAMES V KERR,

Drumondra Road

Upper,

Dublin 9.