Dáil debates

Wednesday, 6 July 2022

Health (Miscellaneous Provisions) (No. 2) Bill 2022: Committee and Remaining Stages

 

3:42 pm

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein) | Oireachtas source

I have accepted during my speech on Second Stage and in my earlier contribution that all the elements of this Bill are big steps forward. I have acknowledged that. I accept the rationale the Minister has given regarding the time constraints, the legal advice he has been given and the reasons that amendment has been proposed. I accept at face value what he said to us. The only part of the amendment I oppose is section 67E(6), read out earlier, which states: "In making regulations under subsection (5), the Minister shall not prescribe an age under the age of 17 years." I had hoped to move an amendment on Report Stage but I do not have the ability to do that because of the time constraints we are under and because Committee and Report Stages are being taken together. This is a Bill that covers many different issues but I do not have the option of tabling that amendment.

However, what the Minister said is reasonable. We do not want to divide the House on this when it is a big step forward. I also agree we have to start somewhere. This is a good start. I accept the logic given to the Minister that there are legal complexities here that have to be worked out. If we are not to oppose this, I ask the Minster to commit to working with the Oireachtas Joint Committee on Health on the matter. It is not something that can be forgotten about and put on the long finger. I do not know what his legal advice is. I assume the complexities are related to the legal age of consent and the potential for court challenges. I imagine they can be worked out because, as the Minister said, someone can have a termination at the age of 16. I hope that can be worked out.

On that basis, and in the spirit of wanting to support this Bill, which I do - I support the amendment apart from the one element of it I mentioned but I cannot move a Report Stage amendment regarding it - I will not push this to a vote. It is obviously up to others what they want to do. I will not push for a vote based on what the Minister said. I have taken that on board, but I seek a commitment from him that there will be a move to reduce that age quickly and that he will work with the Oireachtas health committee on the legal complexities he has outlined.

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