Alex White (Dublin South, Labour) | Oireachtas source

I find it very difficult to dispute Deputy Seamus Healy's description of these provisions as "anachronistic" and "inhumane". However, the Minister made an important point when he said this section continued the criminalisation of women already provided for in law rather than introducing a criminal sanction. There is a difference.

Deputy Michael McNamara is absolutely correct in his observation that the necessity of this provision arises from the decision of the people in 1983 to place the relevant clause in the Constitution. The exchange between Deputies Ciara Conway, Colm Keaveney and Regina Doherty in this regard was very interesting. There are very few people who do not baulk at the prospect of a punishment of 14 years in jail for women in the circumstances we are discussing. As Deputy Ó Caoimhghín Ó Caoláin said, even people who are very strongly pro-life wonder how this sanction could have been included. The bottom line is that the requirement in this regard is the stark and unavoidable consequence of Article 40.3.3°, a fact which we must honestly relate to the people. I am sorry if it sounds glib, but the people cannot have it both ways, no more than we can as legislators. It simply is not possible to have a clause in the Constitution which protects the life of the unborn in the way that it does without having a criminal sanction along the lines of unlawful killing to penalise persons who are in breach of that law.

These positions are not reconcilable, no matter how much persons moved by a common humanity might wish it were so. I recall this issue being raised in the debate in 1983 and it has come up many times since. In her reference to the bizarreness of the position of some of those objecting to the provision, I understand Deputy Ciara Conway was pointing to the conflict that arises. We cannot, in short, have it both ways; it is one or the other. The amendments are entirely well motivated, but they cannot be delivered. We have no right to do what the Deputies are proposing because we cannot set aside the constitutional provision, as inserted by the people.