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

I am certainly disappointed by the responses given by the Minister and his Minister of State, Deputy White, on this matter. I do not accept that Article 40.3.3° of the Constitution obliges us to criminalise women in circumstances such as those we describe, and I do not believe the public wants us to criminalise them. There is widespread support across the Oireachtas for a change to this particular provision. One should remember that the penalty is 14 years in prison. Any perusal of sentences in recent times will indicate that a sentence of 14 years is greater than the normal sentence for crimes such as rape and manslaughter. The Minister states the courts will not impose such a penalty or may not do so, but we simply do not know. The law, as it stands, provides for the penalty. It is open to the Oireachtas to remove the provision so as not to criminalise women in the way envisaged. I wish to press my amendment.