They’ve been successfully dodging the issue since 1983 but sooner or later the Irish government is going to have to produce a piece of legislation which defines the term “unborn”.I know ministers would rather have their nasal hairs individually plucked than stand up straight, look us in eye and make a decision on this. They’ve done everything to avoid it. But the result of their prevarication is that the ethical minefield of IVF is completely unregulated in Ireland.
Now the matter may be taken out of politicians’ hands. The High Court is currently being asked to decide if frozen embryos are lives in need of protection, or property that can be destroyed. It’s as appalling as vistas get.
The failure of the government to address the definition of “beo gan breith”, or life without birth, means that a South Korean scientist could set up a clinic in Dublin tomorrow, buy donor eggs from women, clone a human and insert it into the uterus of a 70-year-old Italian woman hoping to produce an heir for her ex-husband’s fortune. Any surplus embryos could be flushed down the toilet. There is neither legislation nor regulation to prevent this from happening. But mention the issue to a minister and they’ll turn on their heels and run screaming down a corridor pleading that the Medical Council, the Supreme Court or the street sweeper make a decision. Anybody but the government, even though that’s its job.
Fianna Fail has been overtly fudging this issue whilst simultaneously attempting to make political capital out of it since the eighth amendment was put to the people in 1983. Back then Michael Woods said “there is no attempt in the wording of the amendment to define the moment at which the life of the unborn begins” because “in preparing the wording of the amendment we felt it was not appropriate to the constitution to have such definitions”. Thanks a lot Michael.
“Not appropriate” to your political career, perhaps, but it would have been appropriate for the rest of us so we wouldn’t have to keep revisiting this issue.
Because the issue won’t go away, there have been all sorts of delaying tactics. Governments tried throwing it back to the people in 1992 and 2002, and we threw it back at them by defeating badly worded amendments. Then they set up a commission and hoped that by the time it reported they’d be out of office. Micheal Martin established the Commission on Assisted Human Reproduction in 2000. It took a very long time to consider the issues. Unfortunately, five years later, when it finally reported back, Fianna Fail was still in office.
In another attempt to stall, the government sent the report of the commission to a committee. It set up a sub-committee. The sub-committee will report back to the main committee next week. Their expected recommendation? Send the report back to the government. The circle is complete and nothing has happened.
Meanwhile the fate of the embryos lies with the unfortunate judge of the High Court who has to make a decision in the absence of any guidance from the legislative (more properly called non-legislative) arm of government.
I can just see the ministers on Questions & Answers over the next year while we wait on this election. When asked for their views on when life is life, they will solemnly declare that the report of the commission is being studied. What a laugh. It’ll actually be gathering dust in a lonely corner of some underling’s musty office. Ask a member of the opposition what they would propose and the answer will go something like: “If the government isn’t going to propose anything, you hardly expect me to commit political suicide by suggesting anything constructive.”
But would it be political suicide? Isn’t there a consensus on when life is life? On the face of it, there isn’t. One the one hand you have the “life from the moment of conception” argument, that is, life beings the moment at which the egg is penetrated by a sperm. By that logic the embryos currently residing in a freezer of a Dublin fertility clinic are life, and cannot be destroyed.
Then you have the ultra-liberal mob of family planning associations and socialists who say that life is only “viable life”, i.e. a foetus that can survive outside the womb, say from about 22 to 25 weeks. Tell that to a mother who miscarries at 20 weeks. If labour is induced at this stage, you don’t say, “I lost a non-viable foetus.” You say you lost a baby and you mourn for it. You do that if you lose a baby from the first day you become pregnant. I’m pro-choice, but let’s call a spade a spade.
Once you see the blue line on the pregnancy test, you are hyper-aware that there is a life inside you. But when are you pregnant? Easy. It takes about three days to go from unprotected sex to implantation. In that time, if you don’t want to get pregnant, you take a morning-after pill.
If there was a genuine consensus that life starts from the moment of conception, the morning-after pill would be banned. When you see a blue line on the pregnancy test, the embryo is implanted and then, and only then, are you pregnant. If a fertilised egg doesn’t implant, you were never pregnant.
I know this means that the unfortunate embryos in storage in Rathgar cannot be considered life, and it is most unpleasant that science has presented us with these horrible decisions. It does make one feel a tad sympathetic to the Catholic church’s position that messing with eggs and sperms in laboratories is a bad idea, regardless of how badly people want a baby. Since IVF is a miserable, painful, expensive procedure with a huge failure rate (over 80%) anyway, maybe it would be easier just to forget about the whole business and tell childless couples to adopt. But since science can, then we do, regardless of whether we should.
Coincidentally, as we await the High Court’s decision, Governor Michael Rounds of South Dakota has started a process which will force the US Supreme Court to do the same thing. Like Fianna Fail, the Republican Party has courted the pro-life vote while never actually doing anything constructive about it. Rounds has decided to test President George Bush’s coded messages of support for a “culture of life”. He has signed a bill banning abortion in South Dakota, knowing it to be unconstitutional, precisely so that the Supreme Court will have to consider the issue. So we may find out if Bush’s two nod-and-wink pro-life appointments to the Supreme Court (Roberts and Alito) are pro-life after all.
Apart from forcing the judiciary to make a decision, which terrifies politicians, we have something else in common with America. In the state of South Dakota only one clinic performs abortions. In several states, such as Wyoming, Texas and Lousiana, 95% of women have to leave their states to get an abortion because no clinics will do them.
For poor people in America, it doesn’t matter if abortion is legal or not. If you can’t afford to travel, you can’t have an abortion. Just like home; if you don’t have the cash to get to England, you can’t have an abortion. If you don’t have the cash for IVF, you don’t get to have embryos frozen.
The poor just have to live with whatever Mother Nature throws at them. No baby even if you want one, or a baby even if you don’t. At the end of the day, the politics of human fertility is only for the rich.
Update: I just want to clarify here that to be really honest, I think that the life actually is life from the moment of conception, or certainly, has such an enormous capacity for life that I am DEEPLY uncomfortable about the whole business of destroying embryos. However, I recognise that this is totally impractical because being consistent on that point would mean no morning-after pill and you have to have a morning-after pill. What I am saying is that regardless of what one’s opinion is on pre and post implantation, there is an existing medical and legal consensus that we use the morning after pill and therefore the most honest position is to legally define “unborn” as an implanted embryo. Anything else is just unworkable.
Also I really am pro-choice even though I don’t shy away from the fact that an abortion is taking a life but I recognise that there are just too many hard cases that must be legislated for. Any abusive comments will be deleted on this one so don’t even go there.