James Reilly (Dublin North, Fine Gael) | Oireachtas source

I would have thought it related to the original Act, which provided for penal servitude for life. In modern terms that is 14 years. I do not think the Minister for Justice and Equality could be accused of being ultra-conservative in these matters.

Deputy Conway referred to a lacuna in the law. It is not for this Bill to fix such lacunae but it would be a very different matter if the assault was proven to have the intent of damaging the foetus. That would be a case of unlawful killing.

Deputy Keaveney raised a valid point about the prospect of the death of a patient being secondary to a failure to act or the obstruction of a procedure. Clearly, that issue extends beyond six months where it is possible to prove willful intent or if the obstruction was deliberately designed to prevent the saving of the woman's life, as in a scenario where people were in the middle of an emergency and all were held captive until the woman passed away.

In regard to the issues raised by Deputy Ó Caoláin, the problem here is the Constitution and the law. That is the way it is, notwithstanding the question of compassion. We have always built compassion, wisdom and safeguards into our legal system through the DPP and the Judiciary. In respect of an abortifacient purchased over the Internet, that will affect the woman or young girl. However, an intervention by a back-street operator or somebody acting illegally in an institution involves a third party and, therefore, a public health threat to other patients. A doctor should feel duty bound to report such an intervention.

I accept Deputy Healy's point that a third party could be involved, particularly in an institution where somebody with a different view has access to case notes. Something written in the notes could lead to the individual concerned being charged. I accept that could happen but there is little we could about that. I cannot agree to the Deputy's amendment because my legal advice is contrary to his belief. We will have to agree to disagree.