Dáil debates

Wednesday, 10 July 2013

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

 

2:00 am

Photo of Alex WhiteAlex White (Dublin South, Labour) | Oireachtas source

We had a good discussion on this issue on Committee Stage. I pointed out then that one of the things this Government or any Government needs when introducing any legislation - not just this legislation, or this type of legislation - is to be sure it can tell the Oireachtas that it is constitutionally sound. On the face of it that sounds a bit harsh and legalistic, but it is still the case that no Government can come before the House and present legislation that it cannot advise the House is constitutionally sound. One of the proposals that the Deputies have set out in this group of amendments is a different definition of "unborn". Amendment No. 21 proposes to substitute for the definition of "unborn" in the Bill the following: " "unborn", means a foetus which has reached that stage of development at which, if born, it would be capable of life outside the womb;". If we reflect for a minute on that proposed definition, we will see that the Constitution refers to the protection of unborn life. We cannot reduce that protection. The Deputies who tabled this amendment are proposing a different definition of "unborn". The term "unborn" is in the Constitution.

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