Dáil debates

Thursday, 11 July 2013

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

 

9:20 am

Photo of Colm KeaveneyColm Keaveney (Galway East, Independent) | Oireachtas source

I am speaking on amendments Nos. 153 and 157. I have previously pointed out that neither side of the debate is prepared to engage with the arguments of the other side, preferring instead to deal in caricatures. This is a dialogue that has emerged over the past several weeks, with very few people listening. Section 22 of the Bill is a case in point. It has been argued that the 14-year sentence was proposed as a sop to pro-life groups. This is ludicrous. When I speak to pro-life and pro-choice camps, both tell me they do not want the legislation to provide for a jail sentence of 14 years. The idea of such a sentence hanging over a woman in a distressed or vulnerable situation is appalling. It contradicts the imperative of compassion and understanding. I cannot see how any Deputy could support the threat of 14 years in prison against a woman in such distress.

I appreciate the constitutional difficulties that arise for the Minister in accepting amendments on these grounds but I appeal to him to address this issue in another way. The Bill goes some way to providing strict liability. I urge the Minister to introduce an amendment in the Seanad to further define intentionality within the relevant subsection to ensure any prospect of a lengthy sentence is unlikely to affect a woman. However, there is another option. The Minister could frame a section that explicitly provided that only medical professionals or other third parties would have liability in this respect. He could be silent on the matter as it concerns the woman.

This is the second occasion since I was elected that I have been involved in a debate that dragged on into the early morning. I woke up this morning to messages from people across the country who believed this House was akin to a gentleman's club in the way we arrive at legislation. It is no wonder, as we speak about the prospect of jailing women, that women do not get involved in politics. I appeal to the Minister to address the concerns I and many other have expressed about this section.

I ask him to look at positive solutions over the course of the next few days. Many Deputies have spoken to him and in the House about guarantees and understandings they have received from him in hour-long chats, but these only hold good while he is in office. We have no idea what he said to them or what the future holds. The only guarantee we can give is that we can compose legislation wherein we can ensure clarity. The legislation must have guarantees for women, but the Minister must ensure the prospect of a 14 year jail sentence-----

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