Dáil debates
Thursday, 11 July 2013
Protection of Life During Pregnancy Bill 2013: Report Stage (Resumed) and Final Stage
Debate resumed on amendment No. 150:In page 17, to delete lines 33 to 39, and in page 18, to delete lines 1 and 2 and substitute the following:“Offences 22. (1) It shall be an offence--(a) to intentionally or recklessly end a pregnancy without the consent of the pregnant woman, (b) for a person other than an appropriately qualified practitioner to perform a surgical medical procedure for the purposes of ending a pregnancy.(2) Notwithstanding the provisions of subsection (1) of this section-- (a) no pregnant woman, or third party facilitating or assisting her, shall be held criminally liable for procuring or carrying out a medical procedure that leads to the ending of a pregnancy, and (b) no appropriately qualified practitioner shall be held criminally liable for carrying out a medical procedure that leads to the ending of a pregnancy.(3) A person guilty of an offence under this section shall be liable under indictment to a fine or imprisonment for a term not exceeding 14 years, or both. (4) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions.”.-(Deputy Joan Collins).
Tá
- James Bannon
- Tom Barry
- Pat Breen
- Tommy Broughan
- Richard Bruton
- Joan Burton
- Ray Butler
- Jerry Buttimer
- Catherine Byrne
- Eric Byrne
- Ciarán Cannon
- Joe Carey
- Paudie Coffey
- Áine Collins
- Michael Conaghan
- Seán Conlan
- Paul Connaughton
- Ciara Conway
- Noel Coonan
- Marcella Corcoran Kennedy
- Joe Costello
- Simon Coveney
- Michael Creed
- Lucinda Creighton
- Jim Daly
- John Deasy
- Jimmy Deenihan
- Pat Deering
- Regina Doherty
- Paschal Donohoe
- Robert Dowds
- Andrew Doyle
- Bernard Durkan
- Damien English
- Alan Farrell
- Frank Feighan
- Anne Ferris
- Frances Fitzgerald
- Peter Fitzpatrick
- Charles Flanagan
- Brendan Griffin
- Dominic Hannigan
- Noel Harrington
- Simon Harris
- Brian Hayes
- Tom Hayes
- Michael Healy-Rae
- Martin Heydon
- Phil Hogan
- Brendan Howlin
- Heather Humphreys
- Kevin Humphreys
- Derek Keating
- Paul Kehoe
- Alan Kelly
- Enda Kenny
- Seán Kenny
- Seán Kyne
- Anthony Lawlor
- Michael Lowry
- Ciarán Lynch
- Kathleen Lynch
- John Lyons
- Michael McCarthy
- Helen McEntee
- Dinny McGinley
- Mattie McGrath
- Joe McHugh
- Tony McLoughlin
- Michael McNamara
- Eamonn Maloney
- Peter Mathews
- Olivia Mitchell
- Mary Mitchell O'Connor
- Michelle Mulherin
- Dara Murphy
- Eoghan Murphy
- Gerald Nash
- Denis Naughten
- Dan Neville
- Derek Nolan
- Michael Noonan
- Aodhán Ó Ríordáin
- Kieran O'Donnell
- Patrick O'Donovan
- Fergus O'Dowd
- John O'Mahony
- Joe O'Reilly
- Jan O'Sullivan
- Willie Penrose
- John Perry
- Ann Phelan
- John Paul Phelan
- Ruairi Quinn
- Pat Rabbitte
- James Reilly
- Michael Ring
- Brendan Ryan
- Alan Shatter
- Seán Sherlock
- Arthur Spring
- Emmet Stagg
- David Stanton
- Billy Timmins
- Joanna Tuffy
- Liam Twomey
- Leo Varadkar
- Jack Wall
- Brian Walsh
- Alex White
Níl
10:20 am
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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In view of the decision in respect of amendment No. 150, amendments Nos. 151, 152, 153 and 154 cannot be moved.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Amendment No. 155 was already discussed with amendment No. 150.
James Reilly (Dublin North, Fine Gael)
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I move amendment No. 155:
In page 17, to delete line 39, and in page 18, to delete lines 1 and 2.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Amendment No. 156 cannot be moved in view of the fact that amendment No. 155 has been agreed.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Amendment No. 157 was already discussed with amendment No. 150.
Colm Keaveney (Galway East, Independent)
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I move amendment No. 157:
In page 18, between lines 2 and 3, to insert the following:“(5) For the avoidance of doubt, it is hereby declared that subsection (1) shall not apply in relation to a pregnant woman availing of any medical procedure in the course of which, or as a result of which, an unborn human life is ended.”.
10:30 am
Joe Higgins (Dublin West, Socialist Party)
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I move amendment No. 158:
In page 18, to delete lines 3 to 13.
Catherine Murphy (Kildare North, Independent)
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I move amendment No. 159:
In page 18, after line 13, to insert the following:"Offences of threat, harassment, endangerment and false imprisonment
24. (1) In the case of a person who, without lawful excuse, makes to another a threat, by any means intending the other to believe it will be carried out, to kill or cause serious harm to--(a) a woman as a result of her having sought to obtain or having obtained medical treatment under this Act,if that person is found guilty of an offence under section 5 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.
(b) a medical practitioner as a result of his or her having provided or sought to provide medical treatment under this Act, or
(c) a third person involved in assisting or facilitating a person referred to in paragraph (a) or (b),
(2) In the case of a person who, with a view to compel another to abstain from doing which that other has a lawful right to do under this Act, wrongfully and without lawful authority--(a) uses violence to or intimidates that other person or a member of the family of the other, orif that person is found guilty of an offence under section 9 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.
(b) injures or damages the property of that other, or
(c) persistently follows that other about from place to place, or
(d) watches or besets the premises or other place where that other resides, works or carries on business, or happens to be, or the approach to such premises or place, or
(e) follows that other with one or more other persons in a disorderly manner in or through any public place,
(3) In the case of a person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses by persistently following, watching, pestering, besetting or communicating with--(a) a woman as a result of her having sought to obtain or having obtained medical treatment under this Act,if that person is found guilty of an offence under section 10 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.
(b) a medical practitioner as a result of his or her having provided or sought to provide medical treatment under this Act, or
(c) a third person involved in assisting or facilitating a person referred to in paragraph (a) or (b),
(4) In the case of a person who, intentionally or recklessly engages in conduct which creates a substantial risk of death or serious harm to--(a) a woman as a result of her having sought to obtain or having obtained medical treatment under this Act,if that person is found guilty of an offence under section 13 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.
(b) a medical practitioner as a result of his or her having provided or sought to provide medical treatment under this Act, or
(c) third person involved in assisting or facilitating a person referred to in paragraph (a) or (b),
(5) In the case of a person who intentionally or recklessly without that other's consent--(a) takes or detains, oras a consequence of that medical treatment, if that person is found guilty of an offence under section 13 of the Act of 1997, the court shall take such conduct into account as an aggravating factor in determining any sentence to be imposed on him or her for the offence.".
(b) causes to be taken or detained, or
(c) otherwise restricts the personal liberty of--(i) a woman seeking to obtain or having obtained medical treatment under this Act,
(ii) a medical practitioner seeking to provide or having provided medical treatment under this Act, or
(iii) a third person involved in assisting or facilitating a person referred to in subparagraph (i) or (ii),
Róisín Shortall (Dublin North West, Independent)
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I move amendment No. 160:
In page 18, after line 13, to insert the following:"Review of Legislation
24. The operation of this legislation shall be reviewed by the Oireachtas after a period of three years from its commencement.".
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Amendments Nos. 161 to 165, inclusive, are related and will be discussed together.
James Reilly (Dublin North, Fine Gael)
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I move amendment No. 161:
In page 19, to delete line 8 and substitute "Cork University Hospital and Cork University Maternity Hospital".
James Reilly (Dublin North, Fine Gael)
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I move amendment No. 162:
In page 19, to delete line 9 and substitute "Galway University Hospitals".
James Reilly (Dublin North, Fine Gael)
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I move amendment No. 163:
In page 19, line 19, after "Hospital" to insert ", Drogheda".
James Reilly (Dublin North, Fine Gael)
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I move amendment No. 164:
In page 19, line 22, to delete "Regional" and substitute "General".
James Reilly (Dublin North, Fine Gael)
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I move amendment No. 165:
In page 19, to delete line 24 and substitute "St Luke's Hospital, Kilkenny".
Tá
- Gerry Adams
- James Bannon
- Tom Barry
- Pat Breen
- Richard Bruton
- Joan Burton
- Ray Butler
- Jerry Buttimer
- Catherine Byrne
- Eric Byrne
- Ciarán Cannon
- Joe Carey
- Paudie Coffey
- Áine Collins
- Niall Collins
- Michael Colreavy
- Michael Conaghan
- Seán Conlan
- Paul Connaughton
- Ciara Conway
- Noel Coonan
- Marcella Corcoran Kennedy
- Joe Costello
- Simon Coveney
- Barry Cowen
- Michael Creed
- Seán Crowe
- Jim Daly
- John Deasy
- Jimmy Deenihan
- Pat Deering
- Pearse Doherty
- Regina Doherty
- Stephen Donnelly
- Paschal Donohoe
- Timmy Dooley
- Robert Dowds
- Andrew Doyle
- Bernard Durkan
- Dessie Ellis
- Damien English
- Alan Farrell
- Frank Feighan
- Anne Ferris
- Martin Ferris
- Frances Fitzgerald
- Peter Fitzpatrick
- Charles Flanagan
- Brendan Griffin
- John Halligan
- Dominic Hannigan
- Noel Harrington
- Simon Harris
- Brian Hayes
- Tom Hayes
- Séamus Healy
- Martin Heydon
- Phil Hogan
- Brendan Howlin
- Heather Humphreys
- Kevin Humphreys
- Derek Keating
- Paul Kehoe
- Billy Kelleher
- Alan Kelly
- Enda Kenny
- Seán Kenny
- Seán Kyne
- Anthony Lawlor
- Ciarán Lynch
- Kathleen Lynch
- John Lyons
- Pádraig MacLochlainn
- Michael McCarthy
- Mary Lou McDonald
- Helen McEntee
- Dinny McGinley
- Finian McGrath
- Joe McHugh
- Sandra McLellan
- Tony McLoughlin
- Michael McNamara
- Eamonn Maloney
- Micheál Martin
- Olivia Mitchell
- Mary Mitchell O'Connor
- Michelle Mulherin
- Catherine Murphy
- Dara Murphy
- Eoghan Murphy
- Gerald Nash
- Dan Neville
- Derek Nolan
- Michael Noonan
- Patrick Nulty
- Caoimhghín Ó Caoláin
- Aodhán Ó Ríordáin
- Aengus Ó Snodaigh
- Jonathan O'Brien
- Kieran O'Donnell
- Patrick O'Donovan
- Fergus O'Dowd
- John O'Mahony
- Joe O'Reilly
- Jan O'Sullivan
- Willie Penrose
- John Perry
- Ann Phelan
- John Paul Phelan
- Thomas Pringle
- Ruairi Quinn
- Pat Rabbitte
- James Reilly
- Michael Ring
- Shane Ross
- Brendan Ryan
- Alan Shatter
- Seán Sherlock
- Arthur Spring
- Emmet Stagg
- Brian Stanley
- David Stanton
- Joanna Tuffy
- Liam Twomey
- Leo Varadkar
- Jack Wall
- Alex White
Níl
- Richard Boyd Barrett
- John Browne
- Dara Calleary
- Joan Collins
- Lucinda Creighton
- Clare Daly
- Luke Flanagan
- Terence Terence
- Seán Fleming
- Michael Healy-Rae
- Joe Higgins
- Colm Keaveney
- Séamus Kirk
- Michael Kitt
- Michael Lowry
- Charlie McConalogue
- Mattie McGrath
- Michael McGrath
- John McGuinness
- Peter Mathews
- Michael Moynihan
- Denis Naughten
- Éamon Ó Cuív
- Seán Ó Fearghaíl
- Willie O'Dea
- Brendan Smith
- Billy Timmins
- Peadar Tóibín
- Robert Troy
- Mick Wallace
- Brian Walsh