Clare Daly (Dublin North, Socialist Party) | Oireachtas source

As Deputy Joan Collins has noted, there is no requirement for the Government to criminalise women or doctors in the way proposed. I have no doubt that an attempt will be made to argue that the Government has dealt with sections 58 and 59 of the Offences against the Person Act 1861. That Act provides that where a woman attempts to procure a miscarriage herself or with the assistance of another through the administration of poison or other instruments, she shall be guilty of a felony and, on conviction, shall be liable to penal servitude for life. That provision has had a chilling effect and it is reprehensible. I welcome its removal from the Statute Book, but why is it being replaced with another criminal conviction? Instead of penal servitude for life the language is being modernised but, in effect, anybody deemed to have had what is described as an unlawful abortion or who assists another in such a procedure will be criminalised and sentenced to up to 14 years in prison.

An issue clearly arises with back-street abortions. While some Deputies propose to delete the entire section, Deputy Joan Collins and I have allowed for the criminalisation of those who perform back-street abortions. These are individuals who do not have the consent of the woman and lack the medical qualifications necessary to carry out a procedure. It is legitimate to argue that a criminal sanction would apply in such circumstances in any event but, in case the Government is worried that the removal of the aforementioned offensive sections of the 1961 Act will somehow facilitate back-street abortions, we have provided explicitly for them. Our amendment provides that the woman and any third party who, with her permission, tries to assist her or a qualified medical practitioner shall be exempt from criminal sanction. This is important. The question was raised as to whether somebody presenting to a hospital after taking abortion pills will be reported and potentially criminalised. I do not doubt the Minister will deny that such circumstances could arise but evidence already exists to suggest that women who present to hospitals with miscarriages after self-administering abortifacients are not being questioned because of fears of what the answer might be. This means women are exposed to a lack of protection in terms of aftercare and hospitals are hamstrung in asking questions about the cause of the problem. In this era of Internet medication, who knows what a person might take?

This provision does not protect women's lives and it will have a chilling effect. Doctors, psychiatrists and other medical practitioners will have to make a decision on protecting a woman's life while looking over their shoulders. I am sure we will be told they do not have to look over their shoulders, but if any of them listened to the debate on previous amendments, they will be looking over two shoulders. Certain Deputies proposed that information be gathered for the purpose of transparency, almost to the extent that the Houses of the Oireachtas would close down business in order to examine medical procedures relating to all aspects of a pregnant woman's condition. I was beginning to wonder whether they would demand lists of how many varicose veins had been removed. Should we be examining all of these medical practices in our hospitals? No, we should not. These are medical procedures administered by medical practitioners. They are routine and private health matters. The idea that the Oireachtas would examine such procedures is ludicrous. Deputy Timmins let the cat out of the bag when he asked how else were we to police the legislation. That is a disgusting approach to legislation designed to protect women's lives.

The Bill retains the prospect of criminalising women and, potentially, doctors. That is not indicative of a modern society. It is indicative of hypocrisy, given that we allow people to travel and give them information. If this provision is justified on the basis of constitutional requirements, the onus is on us to change them. This issue was first put to the people 30 years ago and nobody who is now under the age of 48 was able to vote on it, while many of those who did vote are now dead. Can we please move on and reflect the society we now live in and the reality that thousands of women access abortions every year?

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