Alex White (Dublin South, Labour) | Oireachtas source

Sections 7 to 9, inclusive, provide for the only types of termination, if I may put it that way, which are protected from the blanket statement in section 22(1). If it is a procedure under sections (7), (8) or (9), inclusive, it is not covered by the blanket ban in section 22(1).

In regard to Deputy McNamara's point, section 22(4) states: "For the avoidance of doubts it is hereby declared that subsection (1) shall not apply in relation to a medical procedure referred to in sections 7, 8 or 9 which is carried out in accordance with the section concerned." One has to go back to sections 7 to 9, inclusive, and analyse them. One will see a requirement to preserve unborn life is inherent in sections 7 to 9, inclusive. The words do not appear there but there is a signpost to a definition of reasonable opinion which means that the requirement to preserve unborn life inheres in sections 7 to 9, inclusive.

Having said all that, the Minister is right and we had some discussion about this issue and the balancing issue. In the debate we had earlier, there were still some concerns and the Minister gave an undertaking and I agree with him. This aspect may not necessarily be something which should be dealt with in section 22 but possibly could be dealt with somewhere else in the Bill. I support the Minister in his undertaking to perhaps come back on Report Stage with some means to address the issues raised in this context.