asked the Minister for Health if any Government control is exercised in the instances where organisations in the Dublin city area issue contraceptive devices; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Contraceptive Devices.
6.
There is no Governmental control, as such, on this but the Deputy will be aware that there are legislative controls. If contraceptive devices were being suppled in contravention of the legislation the action to be taken in relation to any organisation supplying them would be a matter for the Director of Public Prosecutions.
Am I to take it that anybody, even a commerical, profit-making concern can set up a clinic or a room in this city or in any country town and supply these devices without any medical guidance or anything else, despite the medical evidence that there is a danger and that no prosecution will follow?
That unfortunately is the position. This is governed by the Criminal Law (Amendment) Act of 1935. Section 17 (1) of that Act makes it unlawful to sell or expose, offer, advertise to keep for sale or to import or to attempt to import for sale any contraceptive. Therefore, as long as they do not sell or expose or advertise or import they are not in breach of section 17 (1). The Deputy will recall the McGee case whereby section 17 (3) was declared unconstitutional by the Supreme Court, and as a result the importation of contraceptives by anybody is no longer prohibited.
There are people who may have no medical knowledge taking it upon themselves to advise people to use these things. One young student tells me that he got as many as he wanted, even though he only wanted to test out their availability, and, in fact, a person ran after him and said: "We want some money for these", but needless to remark he did not pay.
They cannot sell.
Perhaps they may not pay directly in cash but I expect there are other means of payment. In any case, the Minister must look at this whole matter because the problem is bound to become much greater.
I should hope to have the Deputy's co-operation in anything I would do in this regard. The last attempt to change the law in this area was in July, 1974. The Bill put forward then is the type of Bill I would support but as the Deputy will recall there was a free vote on that occasion in so far as Labour and Fine Gael were concerned. However, no such choice was given to the Fianna Fáil members. This is not a political football that I want to kick around. Neither would I accuse the Deputy of having any such motive. It is our desire to correct the situation but the only way in which we can do this is by having the co-operation of all Deputies. There are many views on the subject. It is an emotive issue and one in respect of which conscience is involved for some people but the law at present whereby anybody, even a child of six, can import these devices, is crazy.
A quack doctor, for instance, could be prosecuted for giving wrong advice whereas the people who offer advice in relation to the use of these devices are outside the law.
May we have a question, please?
I know that some of the Minister's colleagues voted against the Bill to change the situation but that should not prevent him from investigating it.
I must advise Members that this is Question Time.
Since the matter concerned is one for the individual conscience a free vote would appear to be the fairest way of dealing with legislation to amend the law but if we are to regard the subject as one of policy between, the two sides of the House, we shall never get anywhere.
While we are awaiting legislation there is nothing to prevent the Minister ascertaining what can be done under existing legislation.