Abortion law repeal
Eugene Murphy challenged the Government over the harsh penalty in the Protection of Life During Pregnancy Act and asked why it had not been removed earlier. The Taoiseach said the penalty flowed from the eighth amendment and quoted legal advice that repeal was needed before the law could change, leading to exchanges with other members.
Section 22 of the Protection of Life During Pregnancy Act 2013 clearly states the threat posed to a woman who carries out an illegal abortion, a threat of 14 years in jail, which is absolutely shocking. Most Members of this House would say that is appalling. Why has the Taoiseach not moved to repeal this? My legal information is that it could have been easily done. He has been in government for seven and a half years as part of two regimes. He is a former Minister for Health. I ask him an honest question. Why did he not move to take this appalling piece of material out of that Act? It is chilling and outrageous. My view is that it can be changed by a vote of this House. The Taoiseach might clarify that for me.
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The Deputy is absolutely right; it is terrible and outrageous. In order to change it we need to repeal the eighth amendment on Friday.
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This is the advice of the current Attorney General, it is the advice of the former Attorney General and it is supported by two former Attorneys General-----
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-----Michael McDowell and John Rogers. I will explain to the Deputy why that is the case. I am sure he has read what the eighth amendment states. Article 40.3.3o states that the right to life of the unborn is equal to the right to life of the pregnant women. Therefore, the right to life of a foetus-unborn child of one, two, three, four or six days gestation is equal to that of any woman in this Chamber, any woman walking down the street, the Deputy's sister or mother.
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Therefore, if you kill your mother or sister, the penalty has to be the same as it is if she had an abortion. That is what the eighth amendment says and it even goes further. It says that the State must vindicate that right. That is why the penalty for having an abortion in Ireland has to be equivalent to the penalty of homicide because that is what the eighth amendment means.