Is Voting No Due to Suicidal Ideation Clause Undemocratic and Unethical?

The Protection of Life During Pregnancy Bill passed the second stage of the Dail by 138 votes to 24, an overwhelming margin. Of the 24 who voted, 4 were Fine Gael TDs who defied the party whip to vote against the Bill. These 4 TDs, and many of the remaining 20 who also voted no, said they could not vote yes as the Bill conflicts with their conscience. They can not vote for a bill, which in their view, would lead to the “intentional killing of unborn babies”. I shall not discuss how this view and the employment of such loaded words is wrong, but how this principled, ethical stance is hypocritical as it requires the that TDs be, simultaneously, very unprincipled and unethical.

The X-case in 1992 the Supreme Court ruled that women had the right to an abortion if their life was at risk from pregnancy, including suicide. Article 34.4.6. of the Irish Constitution states that “the decision of the Supreme Court shall in all cases be final and conclusive.” Thus making the decision legally binding and allowing abortion for suicidal ideation permissible in Irish law. The Bill is not making abortion for suicidal ideation legal, it is already legal; it is simply recognising and regulating for this legal reality. By voting against the Bill and asking for the suicide clause to be removed, these TDs are attempting to undermine the Irish Supreme Court and the Constitution which grants them this power.

These TDs are also subverting the Irish public and their democratic right. The Irish people have, not once, but twice voted to keep the threat of suicide as grounds for an abortion. To deny the Irish people their voting rights is horribly undemocratic and unethical.

How can these TDs say they are voting against the Bill on the grounds of conscience and ethics when, at the same time, it subverts the Irish Constitution and the democratic right of the Irish people. How can TDs, public servants, deny the Irish people their democratic right? How can they try to undermine the authority of the Irish Constitution? Such a stance is hugely hypocritical. If conscience, ethics, and principle do not allow TDs to vote in favour of the Bill, then surely the very same would prevent them from voting against it. In such a situation they shouldn’t allow their personal ethics prevent them from carrying their obligations as public servants. And if they are unable to do so then they should, at the bare minimum, abstain from voting.