Clare Daly (Dublin Fingal, Independent) | Oireachtas source

We must deal with this from the perspective of where we came from. In the context of the various scenarios outlined by the Minister, there are ample medical regulations and other legislation that would cover those rogue operators and coercers and deal with those issues. The reason it must be decriminalised is precisely because of our history, the possibility of malicious complaints and so forth. The Bill provides for abortion to be carried out in accordance with the provisions of the law. Take the example of a doctor who, in good faith, is examining a woman who may be approximately ten weeks' gestation but who is not sure whether she is within the 12 weeks. If the doctor makes the diagnosis, he or she has hanging over him or her the threat of criminal sanction and a potential 14-year prison sentence. One can state that he can say he was acting in good faith and that he will get away with it. However, he could also decide that the risk is too great and that he does not want to take it. Suddenly, the doctor is concentrating on possible legal penalties rather than on what is in the best interests of his patients.

Similar judgment calls will be impeded for our medical practitioners in the case of the health of a woman, for example, where they are considering serious health risk. What does this mean? The doctor has to wonder how serious it is. That is a big thing and now the doctor cannot concentrate on her health as he or she must worry about the potential legal sanction. It is that serious. This is an extremely important measure to protect women's health. We need decriminalisation. I echo the points made by Deputy Joan Collins. The other clauses minimising the offences can be dealt with in the Seanad if the offences provision does not fall later. Full decriminalisation must be dealt with first.

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