Oireachtas Joint and Select Committees

Tuesday, 6 November 2018

Select Committee on Health

Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage

11:00 am

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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My personal view is in direct conflict with my view of what the people have voted for on this. Personally, I oppose strongly the section, which feels completely over the top. It has a chilling effect, as we know. Points have been made around no such penalty of 14 years ever having been suggested for men's reproductive health and, indeed, medical malpractice and so on is already covered in other legislation. On a personal level, to frame legislation which carries a 14 year sentence is wrong. However, what is in the legislation is almost word for word what is in the heads of the Bill. If a mistake was made, it was to bring such punitive sanctions into the heads of the Bill, including that 14 year sentence. However, it was brought in and it was in the heads of the Bill. The Minister and I knocked on many doors in Wicklow. My experience of talking to voters was that a material number who intended to vote "Yes" were doing so in the clear knowledge that this section existed. An example which will be discussed later is the whole idea of disability and other matters not being permitted as grounds for termination of pregnancy. As explained, disability is not allowable, including intellectual and physical disability and other syndromes.

The reason that is not allowable is because of these sections. On a democratic imperative, it is absolutely clear to me that a reasonable number of "Yes" voters were voting with a clear understanding that this would be in the legislation. The provision is pretty much transcribed word for word from the heads of the Bill. I wish it had not been in the heads of the Bill. I do not agree with it personally but in my opinion I am following a principle that basically says that if it is in the heads of the Bill, whether I agree with it or not, it is in the legislation. For that reason I will not be supporting the deletion of the subsections we are talking about.