Seanad debates

Tuesday, 16 July 2013

Protection of Life During Pregnancy Bill 2013: Second Stage (Resumed)

 

4:40 pm

Photo of James ReillyJames Reilly (Dublin North, Fine Gael) | Oireachtas source

I can understand that, but it does not change the circumstances from my perspective. I must take the legal advice given by the highest officer in the land, the Attorney General, whose advice is the legal advice to the Government.

The proposed legislation does not create a new offence for pregnant women but brings the penalty for the offence into line with current parameters. From a review of the main categories of criminal offences on the Statute Book, the term of 14 years was considered appropriate. The term is “not to exceed 14 years”. I do not believe the Director of Public Prosecutions, in his or her wisdom, and the courts, in theirs, and in showing compassion, would allow circumstances in which a young girl could find herself in jail in the circumstances in question. The sentence to be applied in any case is a matter for the court involved.

The main purpose of the Protection of Life During Pregnancy Bill is to restate the general prohibition on abortion in Ireland by regulating access to a lawful termination of pregnancy in accordance with the X case judgment and the judgment of the European Court of Human Rights in the A, B and C v. Ireland case. As others have stated, we should trust doctors and we must trust mothers to be. It is not unreasonable to suggest that if this law had been passed in 1992, lives could have been saved. The Bill is about saving lives - the life of the mother and the life of her unborn child. It is about giving clarity to women on what they are entitled to and how to gain access to entitlements. It is about giving clarity to doctors and nurses on what they are permitted and legally obliged to provide. I commend the Bill to the House.

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