Lynn Ruane (Independent) | Oireachtas source

I will be brief in order that we can move on. I am not in any way ignoring how important and crucial this matter is in respect of the decriminalisation of the woman. However, I believe we have criminalisation in place outside of that with regard to doctors. There was equal concern about the criminalisation of doctors because of their ability to be able to provide care to the woman. We were concerned in equal measure about criminalisation for the woman and for those who are able to provide her healthcare.

The Minister referred to aiding and abetting in one of the amendments. For the most part we all agree on the substance of the legal note we read apart from the section on aiding and abetting. The note states that a dominant personality might, rather than forcibly terminating a woman's pregnancy himself or herself, induce the woman to terminate the pregnancy herself instead of attending a medical practitioner. The imbalance of power between the woman and the perpetrator in such cases is unclear. Basically, under that provision we are ensuring that a dominant personality or someone who is an abuser cannot say that he or she was merely helping the woman to be able to get around criminal sanctions. In fact, we should be criminalising coercion and not helping such people. We are trying to ensure safeguards to prevent the abuser manipulating a system. However, we also will have a large majority of people who are trying to help in good faith, whether this involves helping their daughters or family or whoever. We are criminalising such help with the words "aiding", "abetting" and "counselling" on the off-chance that an abusive partner may manipulate the legislation so it looks like he or she was simply helping. The words are not right. Rather than looking towards a Private Members' Bill, it would be preferable to see measures in the legislation that will be forthcoming in the new year from the Minister. We need a commitment from the Minister that he will look at this again. I do not suggest he has not done so to date but I refer to further scrutiny of these provisions and how they would apply in cases of people who are helping others rather than engaging in coercion. Basically, we seek to ascertain whether the Minister will deal with coercion in the legislation in the new year, as well as the safe zones, which counter coercion in themselves. I will leave it at that. I seek a reply. I hope the Minister can come back in on my query about the legislation in the new year on coercion.