Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

As on Committee Stage, I seek to include the wording "other than the pregnant woman" in section 22(2), in other words, a person other than the pregnant woman guilty of an offence under this section. The purpose and intent of the amendment reflects the overwhelming opinion of Irish people today. It is not unique to those who argue from a pro-choice point to view, in terms of care and compassion to a woman who faces a crisis situation in pregnancy and whatever steps she may take, nor is it unique to the huge swathes of middle ground opinion. It is also reflected among a considerable number, if it is not the majority view, among those who describe themselves as pro-life. I have met it, heard it and listened to it and accept it is a view that straddles the range of opinion that reflects on the issues at the heart of this legislation.

As with Murphy's Law, it is only a matter of time before a situation presents in our courts with the unwanted consequences of this provision unfolding before our eyes. On Committee Stage, I instanced a pregnant young girl accessing tablets on the Internet, taking them, finding herself unwell and presenting in hospital. Where does the legislative provision place medical practitioners in respect of a variety of situations, such as the attempt at an end of life situation on the establishment of the fact that she had taken abortifacient tablets?

Many circumstances can present and it is the loneliness and the aloneness of that young girl that will challenge everyone here. It will underscore how inappropriate is this provision as it presents and provides for.

I accept fully that these provisions are necessary in terms of those who would carry out illegal abortions in this country in whatever setting, but there is no outright cry or demand for the criminalisation of women who seek or secure abortions. The contrary is the case. Irish people, as I have stated, from all opinion on this issue, are broadly of the same mind, that they do not want to see the woman or girl criminalised.

Members spoke of what happens in this State and of women having to travel to Britain. Accessing the tablets on the Internet and possessing them is not an offence. The offence would be if the young woman then took them, being pregnant, here in this jurisdiction. What are we saying to women here who take possession of these tablets for that purpose of ending the pregnancy, that they should go north of the Border for the glass of water? It is bizarre.

While I can anticipate the response that the sentence is up to 14 years, it is not prescriptive and it will not be 14 years, the other night I listened to an eminent pro-life voice on the television argue that this situation will never arise and the courts would never prescribe a sentence in the sets of circumstances that I and others here outlined this evening.

See this speech in context