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)

5:45 pm

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

The factors the Deputy is seeking to have taken into account can be summed up as the commission of the listed offences against a woman who has sought treatment in accordance with the Protection of Life During Pregnancy Bill, against a medical practitioner providing treatment in accordance with the Bill or against a third person for facilitating or assisting the woman or the medical practitioner. The inclusion of a specific statutory provision is not necessary to allow a court imposing sentence for any of the above offences, or any offence, to take into account aggravating factors. It is a matter for the sentencing court to identify the mitigating and aggravating factors relevant to each case. This is already covered in the law and including the provision in the Bill would not add anything. I understand the sentiment behind the amendment which we would all share in so far as it relates to the fact that people receiving medical treatment have been certified as needing it and those providing it in good faith and a legal fashion should not be the subject of violence, harassment or any other interference. I, therefore, urge the committee not to accept the Deputy’s amendment.

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