Oireachtas Joint and Select Committees

Wednesday, 3 July 2013

Committee on Health and Children: Select Sub-Committee on Health

Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed)

5:25 pm

Photo of Michael McNamaraMichael McNamara (Clare, Labour) | Oireachtas source

I refer to the avoidance of doubt clause in section 22(4). I greatly appreciate the clear intention of the clause and support the Bill, which is about removing doubt about the procedures of which pregnant women can avail, the circumstances in which they can avail of them and, most importantly, the procedures medical personnel can carry out without facing the risk of criminal prosecution. That removal of doubt was required by the ECHR judgment. Nevertheless, section 22(4) states: "For the avoidance of doubt, it is hereby declared that subsection (1) [the offence to intentionally destroy unborn human life] shall not apply in relation to a medical procedure referred to in section 7, 8 or 9...", that is, a medical procedure carried out on a pregnant woman when there is a risk to her life through physical health in an emergency or through suicide where a reasonable opinion has been formed.

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