Written answers

Thursday, 10 October 2019

Department of Health

Abortion Legislation

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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55. To ask the Minister for Health the authority responsible for investigating and adjudicating on criminal and non-criminal breeches of the abortion legislation. [40898/19]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, section 23 of the Health (Regulation of Termination of Pregnancy) Act 2018 sets out the offences under the legislation. 

Section 23 states that it is an offence for a person, by any means whatsoever, to intentionally end the life of a foetus otherwise than in accordance with the provisions of the Act.  It is also an offence for a person to prescribe, administer, supply or procure any drug, substance, instrument, apparatus or other thing knowing that it is intended to be used or employed with intent to end the life of a foetus, or being reckless about whether it might be used for that purpose.  Finally, it is an offence for a person to aid, abet, counsel, or procure a pregnant woman to intentionally end or attempt to end the life of that pregnant woman’s foetus otherwise than in accordance with the provisions of the Act. 

The investigation or prosecution of offences under the Health (Regulation of Termination of Pregnancy) Act 2018 are criminal matters for An Garda Síochána and, if prosecution is warranted, the Director of Public Prosecutions.  The Minister for Health has no role in the investigation or prosecution of offences under the Act.

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