Dáil debates

Wednesday, 28 November 2018

Health (Regulation of Termination of Pregnancy) Bill 2018: Report Stage (Resumed)

 

6:15 pm

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I said from the start of this debate and in advance of the referendum that we should stick with the heads of the Bill. The public made its decision emphatically and any deviation undermines the process we presented to the people. However, I am concerned - I have always expressed this view - about the criminalisation of people. We should always place matters in a context. It might be a vulnerable girl whose friend helps in the procurement of abortion tablets. When they are administered, it could all go horribly wrong. In that context, it is not good for the health of the girl if, by presenting to a medical professional, her friend or colleague could be prosecuted and criminalised for helping her to procure an abortion.

There are downsides to this as well. We must consider the practicalities of what can happen. I accept that there must be a system in place whereby people are not able to provide abortions without criminal sanction in the event that they do it regularly and outside of good faith.

Equally, consider those particularly vulnerable young girls or women from immigrant backgrounds or women without access to major supports who, in the event of this going wrong, may be very slow to come forward for medical assistance because the person who assisted them could be criminalised and sent to jail for 14 years. Even people who have very strong views against this legislation are concerned. The criminalising element with the severe sanction of 14 years was also an issue of major concern for many people during the previous debates around the Protection of Life During Pregnancy Act that we discussed years ago, well in advance of this legislation. While I say in one breath that I do not like any deviation - I accept that it is in the heads of the Bill - I believe that we have to keep an eye on this to ensure we are not discouraging people from presenting to medical professionals if things go wrong, and I put it to the Minister that things do go wrong.

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