Dáil Éireann debate -
Wednesday, 20 Feb 2002

Vol. 549 No. 1

Written Answers. - Abortion Legislation.

Eamon Gilmore

Question:

111 Mr. Gilmore asked the Minister for Health and Children if he will clarify his comments reported in a newspaper report (details supplied), that health boards could send a child in their care for an abortion to Britain where the girl became pregnant as a result of incest or rape, in view of the judgment of the High Court in the C case which found that a child in care could be sent abroad for an abortion only on the same grounds that an abortion would be permitted here; and if he will make a statement on the matter. [5764/02]

Minister for Health and Children (Mr. Martin)

The envisaged Protection of Human Life in Pregnancy Act deals with the offence of abortion within this jurisdiction. It does not seek to curtail women's rights to avail of services that are legally available in other countries.

Section 4(2) of the envisaged Protection of Human Life in Pregnancy Act states that the Act will not operate to restrict any person from travelling to another state on the grounds that his or her intended conduct there would, if it occurred in the State, constitute an offence under section 2 of the Act. This is intended to remove any doubt which may have existed about the right to travel for an abortion, even though it would be illegal to have such an abortion here. The Government's proposals do not prohibit a health board assisting a young woman in their care from having an abortion should a rare case such as the C case arise in the future. The circumstances in which the woman became pregnant would not be a factor in the matter.