Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Deputy Healy and I have examined how best this can be achieved. In my own consideration I examined section 22 with regard to the arguments for and against with a view to a deletion of the section entirely. I accept that is not an acceptable proposition because it would remove the penalties applying to those who act outside the scope of this legislation, either in approved institutions as itemised on the Schedule or those who would carry out such procedures in unapproved settings. It is a question of how to deal with the situation of the woman. I am of the very strong view, as is my party, that we should not criminalise the woman who seeks an end to the pregnancy. There will be any number of reasons that might be the case. However, she does not require to be brought through the courts to face fines and-or imprisonment for up to 14 years. She needs support, compassion and care. The penalties, most certainly, should apply to those who act outside the law but the woman in this instance should not be for consideration in this regard.

We should not fool ourselves into believing that a case might not present itself. If a young woman who accesses tablets on the Internet unbeknown to her immediate family or whoever, what is the situation if she were to become unwell and presents at a hospital? It may then be determined that she had acted as I have just described. She had accessed tablets that would induce a termination of her pregnancy. Where does that put the clinicians and the consultants dealing with her? The very likely scenario is that this would be reported. A situation could then arise in the courts where a young woman in such circumstances could face prosecution with the type of prescribed consequences that section 22 provides for.

Over the past week I have discussed this point and the scenario I have described with very strong pro-life advocates. They agreed with me and said they would have no appetite for such a scenario, despite the fact that they would have very strong objections to this Bill in general. They would not subscribe to the view that the woman should be criminalised and that there was provision for penalties of the order provided for in this section. We need to be mindful of what is actually being allowed in this section. We should take into account the widest opinion in society which I am certain has no wish to see women placed in that absolutely objectionable situation. I commend the formula of Deputy Healy's amendment or of my own amendment No. 88. It is academic because they amount to the same. I hope our proposed amendments would find favour with the Minister and with the committee.