Dáil debates

Wednesday, 23 May 2018

Questions on Promised Legislation

 

12:55 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I just did so. I accept that the Deputy did not say he would be in favour of decriminalising abortion pills. If there is a "No" vote on Friday, it will still be a criminal offence. I find it bizarre, however, that the Deputy believes this should be a criminal offence that is not enforced. Why would one keep something as a crime if one does not think it should be enforced? I find that unusual. While it may be the case that the doctor-patient relationship covers confidentiality, it would not prevent somebody else making a complaint to the police, which is exactly what happened in Northern Ireland. In that case, a housemate made a complaint against another housemate but that is not covered.

The penalty of 14 years was examined by both the current and previous Attorneys General. I will explain why it is 14 years. The eighth amendment states that the right to life of the unborn, even at one week's gestation, is equal to the right to life of a pregnant woman. Therefore, the penalty has to be the same. The penalty for having an abortion has to be equal to the penalty for killing a pregnant woman, which is not infanticide because, of course, infants do not get pregnant. The penalty has to be at the level of homicide or manslaughter. The penalty in that regard is, by the way, up to 14 years.

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