Dáil debates

Wednesday, 28 November 2018

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

 

8:40 pm

Photo of Alan KellyAlan Kelly (Tipperary, Labour) | Oireachtas source

I shall speak to amendment No. 20 which is very similar to amendment No. 19. Page 9 of the Bill contains the section which deals with "Risk to life or health". Section 11(1)( c ) contains the word "avert", as Deputy Clare Daly has outlined; perhaps other Deputies have, too. The use of the word "avert" is too absolute. I have spoken to the Minister about this issue before. Section 11(1)( c ) reads, "it is appropriate to carry out the termination of pregnancy in order to avert the risk referred to in paragraph (a)". However, what will happen if there is a judgment that a termination would not avert the risk and that one might need to mitigate, prevent or reduce the risk? I will not get hung up on whether the word is "reduce" or "mitigate". I believe the word "avert" is too absolute. It is too defining and doctrinal. It does not give scope and creates a nervousness in ensuring women can receive the service they need. I ask the Minister to reconsider. I am happy enough with the alternative amendment also because it is more or less a variation of what I am saying. It could cause issues if we do not change it. I do not see why the Minister would not look at the amendment and he might explain why. We are getting into dictionary territory, but I believe the word "avert" is too absolute. We need to allow the conditioning that will ensure women can be provided with the service they need and that those who provide it will not have to worry or be concerned about the doctrinal nature or the use of the word "avert".

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