Seanad debates

Tuesday, 23 July 2013

Protection of Life During Pregnancy Bill 2013: Report Stage (Resumed) and Final Stage

 

5:35 pm

Photo of Alex WhiteAlex White (Dublin South, Labour) | Oireachtas source

It is what is lawful that is protected and it must be clear in what one is doing.

If one uses language such as "may be ended" or "may be lost" so that, for example, section 8, from the middle of the second line, would read, "it shall be lawful to carry out a medical procedure in respect of a pregnant woman in accordance with this section in the course of which, or as a result of which, an unborn human life may be lost", it introduces at least an uncertainty as to what is protected here, and that would be unacceptable. Either it is being done in legislation or it is not. Some of the Senators opposite believe it should not be done. I respect that, although I disagree with it. Given that it is being done, it must be clear.

In what the Senator proposes, there may be, at least to some extent - I hope he will excuse me in this - a point being made by him. I am not taking from his right to introduce this amendment - I hope he will not react to this, as it is getting late - but there is a polemical element to what the Senator proposes. He is entitled to introduce such an element, but for it to be adopted in legislation would be most undesirable because it would undermine the protection that it is intended to give to the various persons who would be protected throughout sections 7 to 9, inclusive, by the use of the phrase "it shall be lawful".

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