Mattie McGrath (Tipperary, Independent) | Oireachtas source

I move amendment No. 59:

In page 16, between lines 16 and 17, to insert the following:

“Dignified Disposal of Foetal Remains25.(1) The bodily remains of a foetus who has been the subject of a termination of pregnancy carried out by surgical means shall be disposed of only by way of:

(a) burial in a burial ground for the purposes of section 44 of the Local Government (Sanitary Services) Act 1948; or

(b) cremation carried out in a crematorium, being a building fitted with appliances for the burning of human remains which is lawfully used for that purpose as its primary function.

(2) The Minister shall make regulations to provide for the dignified disposal in accordance with subsection (1)of the bodily remains of a foetus who has been the subject of a termination of pregnancy carried out by surgical means.

(3) The woman who has availed of a termination of pregnancy carried out by surgical means shall be entitled to choose the manner of the disposal of the bodily remains of the foetus subject to subsection (1)and regulations made by the Minister under subsection (2)and the said regulations shall provide for the manner of disposal in the event that no such choice is made.

(4) A person who disposes of the bodily remains of a foetus who has been the subject of a termination of pregnancy carried out by surgical means otherwise than in accordance with subsection (1)shall be guilty of an offence.

(5) A person who disposes of the bodily remains of a foetus who has been the subject of a termination of pregnancy carried out by surgical means otherwise than in accordance with regulations made by the Minister pursuant to subsection (2)shall be guilty of an offence.

(6) A person who is guilty of an offence under subsection (4) or(5)shall be liable on summary conviction to a class A fine.

(7) A person who sells or offers to sell a foetus or the bodily remains or any part thereof of a foetus who has been the subject of a termination of pregnancy shall be guilty of an offence.

(8) A person who carries out any experiment or procedure not authorised by this Act on the bodily remains of a foetus or any part thereof who has been the subject of a termination of pregnancy shall be guilty of an offence.

(9) A person who is guilty of an offence under subsection (7) or(8)shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(10) In this section⁠—

“termination of pregnancy carried out by surgical means” means a termination of pregnancy which involves carrying out a procedure other than or in addition to the administration or self-administration of a drug or drugs to the pregnant woman in order to end the life of a foetus.

(11) Subsections (4), (5), (7)and (8) shall not apply to the woman who has availed of the termination of pregnancy concerned.”.

I want to speak to this amendment. The content of the amendment covers two distinct related areas, namely, the disposal of foetal remains and the protection of such remains from sale or unlawful experimentation. Before people start attempting to undermine us-----

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