Séamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I move amendment No. 87:

In page 17, line 25, after “person” to insert “, other than the pregnant woman concerned,”.

This amendment relates to section 22. In my view, this section is anachronistic, inhumane and indefensible. It seeks to criminalise a woman who procures a termination other than under the terms of the Bill. It prescribes a term of imprisonment not exceeding 14 years for such an offence. We should not criminalise the woman concerned and this is the point of my amendment which seeks to insert, after "person", in line 25, "other than the pregnant woman concerned". The effect of the amendment would be to differentiate between the pregnant woman concerned and others who may be party to the offence. Precedent exists for that principle and the matter was discussed at length at the hearings. The particular precedent is in the Criminal Law (Suicide) Act 1993, whereby the person who attempts suicide is not criminalised. That same principle should operate with regard to this Bill.

As it stands, the section criminalises, for instance, a young woman or girl who may well be traumatised and who may have been abused. We are storing up difficulties, both for ourselves and for others. I hope the Minister will accept my amendment. There is a widespread view across the Oireachtas and in the public at large that the pregnant woman in such a situation should not be criminalised and should not be subject to a term of imprisonment of 14 years.