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Dáil Éireann díospóireacht -
Thursday, 3 Jun 1993

Vol. 431 No. 8

Health (Family Planning) (Amendment) Bill, 1993: Committee Stage.

Section 1 agreed to.
NEW SECTION.

I move amendment No. 1:

In page 2, before section 2, to insert the following new section:

"2.—Notwithstanding the provisions of the Health (Family Planning) Acts, 1979 to 1993, or of the Pharmacy Acts, 1875 to 1977, it shall be lawful for any person who is, or is the agent of, a person making available a family planning service, in accordance with section 3 (3) of the principal Act, as amended, to supply to any person availing of such service:

(a) any drug preparation or other substance intended to be taken orally, or by injection, or by implantation, for the purpose of controlling or preventing ovulation or conception (not being an abortifacient);

(b) any drug or other substance intended primarily for the control or substitution of hormones occurring in conjunction with the female reproductive cycle; or

(c) such other drug or substance as the Minister may by regulation made under these Acts, designate for the purpose of this section,

without the presence or intervention of any person mentioned in section 3 (i) (b) (i) (I) of the Act of 1992, where such supply is made under the supervision of a registered medical practitioner and in accordance with such conditions, if any, as the Minister may by regulation prescribe for the purpose of this section.".

The purpose of this amendment is to remove a difficulty that arose from a change which was made in the 1992 Family Planning Act. That Act confined the term "contraceptive" to mechanical contraceptives. This had the curious effect of excluding the pill with the result that family planning clinics which supplied the pill under medical supervision were in breach of the law as they did not employ a resident pharmacist.

Family planning clinics should have the right to supply the pill, certain other drugs and hormone replacement therapy relating to the female reproductive cycle without the need to employ a fulltime pharmacist. The expense involved would be quite considerable, particularly for smaller clinics around the country where the volume of work would not justify the retention of an in-house pharmacist.

I urge the Minister to deal with this matter today rather than wait for a review of the Pharmacy Acts, which has been promised, to be carried out. It is wrong that family planning clinics would be in breach of the criminal law. I hope therefore that the Minister will accept this amendment, given that this is an important issue for family planning clinics.

I support the amendment, which is an important one. As I did not have an opportunity to do so on Second Stage, I would like to take this opportunity to compliment the Minister on introducing the legislation. It is interesting that it is a Minister who is both young and single who has had the courage to bring the Bill before the House. I am not sure if this would have happened in the recent past.

On my way to the House the only person I met who was opposed to the legislation was a lady outside the front gate with a tricolour. She did not attempt to hit me with it, but she told me what she thought of me. Following my appearance on "Questions and Answers" with the Minister two weeks ago, I received a letter which contained scapulars and medals. That was from a person in County Cork who thought I had gone so far in lowering the moral standards of the country that all they could do was to send me scapulars and medals and pray for me. While it is interesting to note that there has been little opposition, I welcome the intervention of Deputies Boylan, Ahern and McCormack because it should be understood that there is some.

I do not want the Minister to think I am blaming him, but sufficient time has not been made available to debate this issue. I would have liked to have had the opportunity to contribute on Second Stage. It has been a good debate in which forthright views have been expressed, in particular by Deputies O'Donnell, McManus and McDaid. They were honest and realistic. It is great that we have reached this stage in the House. As my colleague, Deputy O'Malley, said in the House this morning, it is only eight years since he abstained on similar legislation and was expelled for conduct unbecoming. I am delighted that we have changed the definition of that term.

Most of the conservatives are looking for abstentions and honesty.

I should say to the Minister that in his absense his Fianna Fáil colleague, Deputy Ahern, wondered whether, on the eve of the bank holiday weekend, it was the case that somebody could not get condoms for the weekend.

We have passed Second Stage.

I am speaking to the amendment.

The Deputy could have fooled me.

Deputy Ahern came into the House yesterday to justify the tax amnesty. Yet he did not feel that this legislation was appropriate. He also mentioned that this new partnership Government has a loving, caring and sharing relationship. Given the views and disquiet which he has expressed about legislation of this kind, I would advise both parties that they should continue to wear their political condoms for the moment as I did not detect that they had a loving, caring and sharing relationship. It is obvious that Fianna Fáil is to blame for the tax amnesty while the Labour Party is to blame for this legislation——

That is fair enough.

He will wear that.

In those few words the Minister has said more about the tax amnesty than any other Labour Party Minister since it was proposed.

I have been contacted by various people who work in family planning clinics. Most of the women I know would prefer to go to these clinics for advice on family planning and health matters which affect their reproductive cycle. Although the 1992 Act was brought in for technical reasons, it is an anomaly that these family planning clinics, which provide an outstanding and comprehensive service to women — and to men in some cases — cannot prescribe the pill, the morning after pill or hormone replacement therapy unless they employ a pharmacist. This would place an extra expense on the clinics in question given that they already employ medical practitioners. That should be sufficient.

Despite what some people think, in rural areas nobody is knocking down the door of family planning clinics and waiting at 7 a.m. to get a supply, even for a bank holiday weekend. An extra burden has been placed on these clinics. I have spoken to the Minister privately about this matter and he has indicated to me that there is a distinction between legislation dealing with drugs and legislation such as this, but that is just a technicality. It will probably be some considerable time before amending legislation is introduced in this area. I hope therefore the Minister will be as forthcoming on this matter as he has been on other issues.

On the question of morality, I hope I was not being offensive when I laughed during the course of Deputy McCormack's contribution. I am sorry I laughed but I found his contribution offensive. He mentioned that young people may get the urge and think that they have to run off and get a condom. It should be remembered that many older people engage in sex too. Perhaps we are becoming elderly or middle aged, but we seem to think that 16 to 18 year olds are different from everybody else.

Yesterday, the bishops reissued a statement which they published last summer on the question of morality in relation to condoms. In one part of the diocese of Armagh condoms have been freely available for a considerable length of time and I do not think the bishops would accept that the people in one part of the diocese are more moral than people in another part who have not had access to the same degree to condoms and other family planning devices. It is extraordinary, but some people seem to hold the view that legislation has a bearing on people's moral behaviour or has an influence on their value system. People have their own value system, which has been shaped by education, the Church to which they subscribe or by their parents. I am delighted that at last we are moving away from a position where we tell people how they should behave in private. This is a sign that we are showing great maturity.

I hope I am not using inappropriate language, but the Minister would put the final nail in the coffin if he were to accept some of the reasonable amendments which have been tabled — not just in the name of my colleague, Deputy O'Donnell, but in the names of Deputies McManus and Flanagan. Very good amendments have been tabled to this legislation and, even though there was no disagreement on Second Stage, this does not necessarily mean that the legislation cannot be improved.

Legislation is one thing but it is extremely important that there is education, information and access to the facilities being provided. This is why I believe the amendment in the name of Deputy McManus in regard to medical cardholders, etc. is very important. If people do not have access to the facilities being introduced by way of legislation then the legislation will not have the effect we would wish it to have.

I support the points made by Deputies O'Donnell and Harney. It appears that the 1992 law excludes the pill from the definition of a contraceptive. This left clinics in the anomalous position where they were supplying the pill under the supervision of registered medical practitioners to women in various locations around the country. They are now in the very strange position where what they are doing is in breach of the law — they no longer have the authority under the existing family planning legislation to supply the pill to women. I ask the Minister to consider the following points.

As Deputy O'Donnell and Deputy Harney said, it is possible for a family planning clinic in a large metropolis to bear the cost of having a pharmacist in residence, so to speak, during its working hours but this is not possible for clinics in other parts of the country. If the clinics in question were to comply with the law it would impose a very significant extra cost obligation on them. In terms of making family planning services available cheaply to people who do not have much money, it seems that Deputy O'Donnell's amendment is not only justifiable but suggests the obvious thing to do. We should make it possible for family planning clinics to provide the pill to women without the intervention of a pharmacist.

Going back over the history of the pharmacy Acts, the rule that doctors cannot dispense drugs themselves seems to have originated in the 19th century and seems to have been introduced to prevent quackery and to improve standards. This seems to have been done with the strong support of most people in the medical profession. They wanted to provide a safeguard for the public under the pharmacy Acts and ensure that people were not exposed to the unrestricted oddities and idiosyncrasies of individual practitioners who might use their pharmacopoeia to do terrible things to people. In the context of a family planning clinic, moving in a resident pharmacist will not change anything. These clinics are run on a voluntary basis; they are not run for profit. A pharmacist is not going to sit at one end of a corridor and say to a doctor at the other end of a corridor, "you have got it wrong, your prescription pattern is wrong or is not warranted in this particular case". This will not happen because the two people will be employed by a voluntary group which will have a single policy. However much ordinary people may need a safeguard to ensure that they are not prescribed drugs on an odd, unethical or unwarranted basis by individual medical practitioners, a woman going into a family planning clinic does not need to have the protection of a pharmacist as well. It is anomalous to have somebody wearing a different badge at the end of a corridor carrying out the same function which is being carried out de facto in breach of the criminal law by all these clinics. I ask the Minister to consider that point.

The other point I wish to make in regard to this matter deserves some reflection by the Minister and his officials. In terms of prescribing the pill and familiarity with its dangers, complications and side effects, it seems that women's safety is improved rather than disimproved by having the pill prescribed by people who do it every day and who are specialists in the subject. The ordinary GP-pharmacist method of getting the pill into a woman's hand is less desirable than concentrating this activity in the hands of experts who are operating clinics and who deal with the side effects of this tablet on a much more frequent basis than an ordinary GP. Expertise tends to concentrate in these clinics which should not be put at an additional cost disadvantage — rather they should be encouraged. The one way they can be encouraged is to eliminate the need to have a resident pharmacist. If anyone can stand up in this House and put their hand on their heart and say it is essential that there is a pharmacist in the Well Woman Clinic in Leeson Street, Wexford, Waterford or Cork, I will listen to their argument. However, if the ultimate defence for not accepting Deputy O'Donnell's amendment is that it is right in principle but it should be done by another Minister on another day or in some other Bill, all I can say is that it is the usual disease of procrastination which afflicts this House. If we know something is right, why not do it now? If there is no real defence for not accepting Deputy O'Donnell's amendment, the Minister should accept it. This would not require a review of broader statutes such as the pharmacy Acts, the medical practitioners' Acts or the family planning code. If the Minister wishes, he can accept this amendment today.

The final point I wish to make is that today, tonight, tomorrow and the day after offences will be committed under the criminal law because we are keeping in place a prohibition on the supply of the pill without a pharmacist. This will be done by well intentioned people running clinics which are at the forefront of bringing family planning to the poorest people in our society. Why should we criminalise people like that? Why should these people be forced to act in breach of the criminal law when there is no good reason for it?

The previous speaker has adequately amplified the problem. The Minister should take on board this reasonable amendment. Last year's debate was somewhat unfortunate in so far as time restrictions of a very severe nature were imposed. To take up the point made by Deputy Harney, it is totally unsatisfactory that we are dealing with this legislation in such a rushed manner. Deputy McDaid said he expected that this Bill would be the final nail in the debate on condoms and family planning in this House. We had the 1991 Act, the 1992 Act and the 1993 Act in this area. I would have thought we could have gone along with Deputy McDaid's sentiments by ensuring that by 5 p.m. or 6 p.m. this evening we would have put in place legislation which would enable condoms and the issue of family planning to be moved off the agenda. Unfortunately, I do not think that will be the case. If the Minister took on board the Progressive Democrats' amendment he would go some of the way towards putting in place legislation which is more comprehensive than this Bill which, as he said, is basicaly an anti-AIDS measure. In many ways the opportunity to introduce more comprehensive legislation was lost. It appears that we will have another Health (Family Planning) Bill in 1994, 1996 and perhaps even 1997. I do not see the need for such legislation and I hope it can be avoided.

I am not sure if the consequences of last year's Act were foreseen by the then Minister, Dr. O'Connell. It seems eminently reasonable that every support would be given by the Legislature to the family planning clinics, particularly when one bears in mind the voluntary nature of these clinics. They are non-commercial, non-profit making and provide a service which is not otherwise available in the community. It is most regrettable that we should encourage the breaking of the law through the legislation we introduce. The amendment deals with the current anomalous situation. It seems to be at variance with all our sentiments when a family planning clinic cannot provide the basis of family planning. It is asking a bit much that a resident pharmacist be employed, whether full time or otherwise. That would be prohibitive. It is causing some difficulties. Will the Minister clarify the relationship between this amendment and the Pharmacy Acts and whether it can be enacted without reference to the Pharmacy Acts. If it can, I certainly would expect him to take it on board; however, if it cannot, the least he should do is make a commitment that the necessary amendment to the Pharmacy Acts will be contemplated at the earliest opportunity. As I was given the amendment only an hour or two ago, I have not had the opportunity to look at it in great detail and I do not see why an amendment to the Pharmacy Acts might be necessary.

We could use this legislation to take a giant step forward in our family planning laws instead of allowing ourselves to be hampered by piecemeal progress. Given the rapid turnover of officeholders in the Department of Health in recent years, who knows who will be sitting in the chair the Minister now occupies when the Health (Family Planning) (Amendment) Bill, 1994 or 1995, will be introduced? For that reason I appeal to the Minister to get it done today if possible.

I will comment on the Deputy's final comment. It is interesting that this morning I quoted what I said in the course of the debate in 1992. I was addressing the then Minister for Health, Dr. O'Connell, on this matter and I said:

One never knows who will be Minister for Health when this matter is brought before the House again.

Perhaps the Deputy opposite is being prophetic, as I was last year. One never knows the vagaries of life.

An annual turnover.

The turnover has been more frequent than that, but I intend to establish a new pattern of longevity in the Department. It is important for the health of the nation that there be a continuity of policy for a period and I hope that will be of benefit to the nation at large.

I hope to give careful consideration to every amendment that comes before the House. I had the opportunity to discuss this amendment briefly with the mover during the few minutes I stepped out of the Chamber and I am very much in sympathy with her objective. I understand that what is at issue is to allow family plainning clinics, particularly those outside the major urban areas, to operate as effectively as they can without having undue financial burdens placed on them. However, the specific request that family planning clinics would be allowed to dispense preparations which are covered under the Pharmacy Acts and under other medical preparations legislation to be distributed without the control of a pharmacist does cause problems. Anybody who reflects on it will see this. There is a wide body of legislative provision relating to medical preparations and that has to be taken into account. It is inappropriate in this legislation to try to exempt from the control of the normal medicines legislation certain products which are clearly defined as medicinal or pharmaceutical in nature. In the preparation of the pharmacy legislation that will come before the House I will take on board the clear views expressed today to see how they can be incorporated in it.

Doctors are entitled under legislation to prescribe and dispense medicine. If there is a doctor in the family planning clinic the doctor is not only entitled to prescribe but to dispense any medicinal product. The difficulty arises only when there are no trained medical personnel, either a doctor or a pharmacist, present and we would have to think long and hard before allowing people without professional qualifications' no matter how well motivated, to dispense what are pharmaceutical products. For that reason I have the greatest difficulty in accepting the amendment, much as I am in sympathy with the views expressed by the Deputies.

It was a little disingenous of Deputy McDowell to avail of the opportunity to discuss this matter and hear my reasons in advance of this debate and then come in and use them against me before I had a chance to state them. I explained exactly my reasoning to him in the corridor outside and I think it was a little sharp of him to say that he would not like to hear me say I was going to postpone it. That was a little disingenuous.

I will comment briefly on Deputy Harney's contribution. I thank her for her sincere support for this legislation. I understand her concern at receiving unsolicited mail and religious relics subsequent to her appearance on "Questions and Answers". I am used to getting this more frequently and I am sure they will all redound to my salvation in due course.

I regret to have to inform the House that I am not in a position to accept this specific amendment.

I am disappointed that the Minister will not take this amendment on board today, although he accepts there is a problem de facto. I dispute the case he made that once a doctor is present he or she can dispense the products. I think the family planning clinics have a difficulty even though they have an in-house doctor because the law requires that a pharmacist dispenses the products. I think I am correct in saying that because we have looked at the matter very carefully.

There are a great many worthy amendments that we need to tease out so I will not delay the House further. I am glad the Minister is willing to look at the Pharmacy Acts and I hope he will not delay too long in doing that. The de facto situation on the ground amounts to a breach of the criminal law and this needs to be looked at.

Accepting the difficulties involved in taking this amendment on board and that it will require an amendment to the Pharmacy Acts, will the Minister state when he envisages dealing with it?

I am advised by people who are expert in this matter that all doctors can dispense and that there should be no difficulty with a doctor employed by the family planning clinic dispensing the medical requisites required. I have not given a commitment that I will automatically accept this amendment. I said that I am well disposed to the objective, which is to allow for the greatest availability of contraceptive pills or other materials, but I must be mindful of the balance of safeguards. Like the other Members, I have had this amendment for only a few hours and I will certainly consider it in the context of the review of the Pharmacy Acts. The balance must always be towards the greater good of the patient, that is, the client who presents herself to a family planning clinic. I need some time to reflect on it. The review of the pharmacy legislation is due, although I do not know when it will be reached. One of the things I have learned is that virtually every aspect of the medical service is subject to review; a number of reports are pending and there is long term pending legislation. Obviously, I will have to prioritise and that will be part of the health strategy report which will be ready by the end of the year.

I have some sympathy with the amendment before us, but having listened with interest to the Minister's contribution I support him. I am not an expert, but I understand the effect of the female oral contraceptive on the individual can vary. For that reason we have to be cautious and allow contraceptives to be prescribed only by those who are qualified and have the necessary expertise. With today's alternative medicine quickly establishing itself we have to be careful to avoid a situation whereby very serious damage is caused to a person because strict prescribing procedures have not been followed. We must examine the Acts concerned and decide whether it would be appropriate to widen availability through the mechanism outlined in the amendment.

Is Deputy O'Donnell pressing her amendment?

Amendment, by leave, withdrawn.
Section 2 agreed to.
NEW SECTIONS.

Amendment No. 2 in the name of Deputy McManus is deemed out of order in that it involves a potential charge on the Revenue.

I phrased it very carefully in the hope that it would not be ruled out of order.

I am sorry, Deputy, it cannot be debated now. For the Deputy's information, when we are debating section 3 she can make her point. Amendments Nos. 3 and 4 are related and it is suggested that they be taken together. Is that agreed? Agreed.

I move amendment No. 3:

In page 2, before section 3, to insert the following new section:

"3.—The Principal Act is hereby amended by the insertion of the following section after section 2:

`2A—The Minister for Health shall provide in conjunction with the Department of Education, a Health and Lifeskills programme of education with the objective of promoting an understanding and appreciation of responsible sexuality.'.".

This amendment is of considerable importance. It is self-explanatory and is an amendment of the type proposed on the last occasion when the legislation was discussed. Having regard to the fact that we are liberalising our condom laws and allowing for greater access to condoms it is important that we do not send out the wrong signals to our young people. It is important once we allow for greater accessibility that we bear in mind the importance of education and information aimed at sexual behaviour of an irresponsible type. I am disappointed that during the past number of years no initiative of any substance has been taken in this regard.

Our schools which are the basic educational establishments in preparing our young people for life have a role in ensuring that information on life skills is available. It is somewhat unusual — I say this without, intentionally, being seen as a philistine — that Latin and Greek are still taught in some of our schools while we do not have any course on life skills or human relations. Regardless of the use to which a person may put Latin or Greek and regardless of the benefit from a course in classics, considerable benefit is to be gained from a life skills course and a comprehensive sex education course.

The reason we were so coy in this regard was, perhaps, the religious influence in many of our schools. That should not be a barrier or a disincentive to us as legislators in ensuring that there is within the community a proper understanding and appreciation of what is involved in human relationships.

Statistics on unwanted teenage pregnancies indicate the absense of information available to young people. It was remarkable in the recently published report of the Kilkenny case that the person in the spotlight stated she was at an advanced stage of pregnancy before she realised she was pregnant. Such is the level of ignorance in the community that there is a responsibility on the Government and on legislators to ensure that information is not only accessible but, more importantly, is available through a school course.

I realise that this amendment could involve a possible charge for the Exchequer.

Do not assume that — it could be ruled out of order.

It should be taken seriously, particularly when we are enacting legislation that will allow for the availability of condoms in areas which young people frequent. It is important that we have a whole new initiative in the area of sex education in our schools. In his response, perhaps the Minister would clarify the division of responsibility between himself and the Minister for Education. I do not wish to pre-empt what he will say but I would be extremely unhappy if he says it is not his responsibility but that it should be taken up with the appropriate Minister at the appropriate time. I expect a lot more from him. The amendment is so important that it should be incorporated in the Bill. If the legislation was to go through the House today without a division it would open a new chapter, in terms of the treatment by this House and its Members of family planning legislation. I would be reluctant to withdraw the amendment in any circumstances, with the exception of an absolute commitment from the Minister that the whole area of sex education and human understanding will be taken on board by the Government having regard to the huge level of ignorance in society.

Amendment No. 4 argues the case for a programme of education and information which, I have no doubt, costs money. There is an anomaly here in that amendment No. 2 has been ruled out of order. I appreciate the Chair's interpretation of it. Amendment No. 2 relates to a key factor which is missing from the Bill and we cannot disregard it. If we disregard the principle of free availability to medical card holders, we are really knocking the whole system out of kilter and being blind to the reality of how life is lived. It would be important to pay tribute to politicians, and women in particular, who raised the issue of contraception at a time when it was neither profitable nor politically popular to do so. I am thinking of the women who were vilified for going on the "condom train".

I welcome the liberal rush in Fine Gael and Fianna Fáil now. It has taken a very short time, when one considers the shift that has occurred in public opinion and among politicians, and that there were many people who were pioneers who took a lot of hard knocks to stand by their principles. One of those principles was that condoms and contraception should be available to all women, not just women who could afford to avail of contraception.

There are complex attitudes. I am glad to hear people who oppose this Bill and feel strongly about it. Even the little story that Deputy Flanagan told about the condom vending machine in, I think, Galway, is an indication that people may, in principle, agree with the availability of condoms but may still feel self-conscious about them or lacking in confidence.

The principal point I would make is that we are overlooking the cost factor. Unlike the Minister, I am middle aged enough not to be certain about the price of a packet of condoms. I think it is around £5 a packet. Cost comes into everything. One cannot avoid dealing with the question of cost and to simply rub out this amendment is not facing the reality. One of the advertisements that I felt was effective was the one that depicted the mother of the AIDS victim, and she was speaking to mothers. Mothers often get loaded with the baggage and the responsibility, and that is fair enough, but what happens if one is a mother on a low income and trying to hold a household together in a family where nobody is working and nobody will ever work? What happens to that mother when she is faced with the responsibility of trying to ensure that her children are safe from HIV infection? Let us say one of her children is taking drugs. Let us say another is sexually active, not abnormally so, but a young person who is sexually active. That mother may well have to make the decision between spending her limited cash on a pair of shoes for the child going to school or on a packet of condoms for the teenager. We all know the reality of what would happen in that contest.

The Minister and the party he represents have a responsibility to consider the reality of family life, the reality of the one-third of the population who are living in poverty and the high numbers that are young people and children. If they are people who need to be protected from AIDS and HIV infection, it is up to us to enable them to have that protection and ensuring that it is solely in the marketplace that condoms are going to be available is simply not on. I ask the Minister, regardless of the amendment going out the window, to take that point on board.

Also in the context of costs, let me go back to television advertising. How effective is it? It is a very costly business and I wonder if this is the best use of limited resources. I know, for my own part, the most effective notice I ever saw relating to AIDS was in a public lavatory where somebody had put up a small notice advising on the precautions that one needs to take. I do not know how it came to be there, but it was very effective; it was very discreet and was simply advising people of the dangers. I wonder about the whole question of television advertising, but I will leave that.

There are also problems in targeting. In targeting particular sections in the community, having condoms freely available enables the services to target at risk behaviour and we have to have flexibility for medical card holders in the context of free availability. We also have to consider the geographic inequities that occur at the moment. I was involved in a family planning service for years in County Wicklow and most of the business done was mail order not locally but from other parts of the country where people could not get contraceptives. If it were the case that medical card holders could as of right avail of condoms if they needed to, it would tilt the balance and make this legislation much more acceptable.

I have made the point already in relation to information and education so I do not have to repeat myself on that score. However, I would ask that the core point be taken on board by the Minister, that unless it becomes a true prophylactic, unless it becomes part of medical treatment, health promotion, ill-health prevention and is included in the medical card system, we will be only servicing those people who can afford to be serviced and that is wrong and is ensuring that rather than winning the battle against AIDS we are hampering ourselves before we start.

Deputy McManus raised the question of a charge on the Exchequer. The benefit of the doubt was given to the Deputy in the case of amendment No. 4 where it could be said that the provision of a programme of education would come from existing resources. It has to be ruled that amendment No. 2 did not come into that category.

This is the third time in the short space of three years that we have been debating health and family planning amendments. This amendment brings much needed balance to the whole issue. There is a sizeable section of the population that would be reflected by my two colleagues, Deputies Boylan and McCormack, who feel that the only response this House has to the whole question of AIDS, unwanted pregnancies etc., is to throw condoms at the issues. The Minister's words have been quoted back to him on many occasions since he became Minister for Health. However, I want to remind him of what he said the last time we debated this issue. He said, "I support the notion of the amendment put forward by Fine Gael in relation to the provision of adequate education programmes. The education is extremely important and should be addressed in a Bill and a debate of this type".

This amendment brings much needed balance to the debate. One cannot legislate for morality. We have to legislate for the reality that confronts us. The greater availability of condoms is a very necessary response to the AIDS epidemic and other sexually transmitted diseases. There is room for manoeuvre in a Bill like this and I hope the Minister will accept the very reasonable amendments tabled by Deputies Flanagan and McManus. I anxiously await the Minister's response to these amendments in view of what he said on previous occasions.

I do not think anybody would be against the provision of education. It is vital that all our young people understand not only the physical aspects of sex but what is euphemistically referred to here as "responsible sex". The difference of opinion relates to what acting responsibily means and how men should act towards women. Many of us have reservations about this whole issue because it might give the impression that men, particularly young men, should consider that women are there for their personal gratification and that in the act of sex they have no responsibility consequentially. We all know that many people adopt that attitude. It is a totally anti-woman attitude. In many unwanted pregnancies the man will flee, adopting the attitude that it was not his problem and that the woman should have taken precautions. I have always objected to that attitude. I consider all issues to be issues of morality. The social welfare Bill is surely an issue of morality. I do not understand how morality in its broadest concept does not enter this debate as it enters every facet of our lives.

The great Christian principle of loving one's neighbour, not hurting other people, should be the ordaining feature of all legislation whether it relates to granting aid to the Third World, helping the poor, providing hospital services or collecting taxes in order to provide services. They are matters of morality, they involve the principle of helping other people. I expect the same judgment and standard to be applied in regard to what we encourage in society as standard behaviour between human beings. I do not subscribe to the idea that is often promoted that people are there to be used and that all young people engage in sexual activity. That is not true; if it were it would not be in the interests of young women here. It would give rise to a malecentric world, the advantage resting with the man and if a woman became pregnant she would be left to deal with the problem. That is an image of society I could not accept. There are not many Members who want that type of society. I am sure they would prefer a society that promoted in our young people values that would be thorough in practical and technical knowledge.

Our education system should also lay emphasis on the need for people who engage in sex to be willing to make the commitment to accept responsibility for their actions. Education in this regard would be more effective than the promotion of the use of condoms. I do not accept the view that condoms are not freely available. This Bill will not lead to a decrease in the number of unwanted pregnancies or AIDS cases. However, the position would change if men were made responsible for the consequences of their sexual activity. For example, if women could claim damages against partners for stress caused during an unwanted pregnancy, I am sure men would take more responsibility for their actions and that would be welcome.

We should provide sex education but we should be realistic also. We must educate our young people to be responsible in the broadest sense, to have responsibility towards others and not to engage in sexual activity unless they are prepared to accept responsibility for the consequences of their actions.

It has been proven that education is not the only solution to the problem of sexual responsibility. From a logical point of view most of us find it difficult to understand why people insist on swapping dirty needles after being advised of the risks involved. It appears to be due to something inherent in some human beings. We must continue to educate against this practice, but it would be too much to hope that education would provide a Pauline conversion of everyone in society.

Along with education we must foster an attitude of responsibility among young people. If this matter is addressed totally through education it will become like the Irish language. The children will listen attentively in school because they must do so but when they leave the classroom, like the Irish language, they will leave what they learned behind. They are in the grown up world and they may think that education does not relate to that world.

The question of attitude creation was put very succinctly, perhaps more eloquently than I could, by a political correspondent of one of the daily newspapers in an article in a Saturday newspaper some months ago. That person, not known to have conservative views, succinctly put the point, in respect of this issue, about the creation of an ambience in society whereby our young people seem to consider that they are almost expected to engage in casual sex. The logical corollary of that view among young people is that if a girl becomes pregnant it is not her partner's problem. I would not like to be part of the creation of that attitude in society because it is unchristian and uncaring.

The basis of morality when it is stripped of its religious ethos, is the creation of a caring society to minimise the hurt that we all see in our constituency clinics caused by people's uncaring attitudes towards others. The best education we could give our young people would be to encourage them to be responsible for their actions and be conscious of the need not to hurt others. I call that morality, others might call it life skills. I do not care what label is put on it, but the fundamental message we should pass on to our young people is that of morals which relate to sexuality, the Third World, caring for the poor, etc.

On a point of order, what will be the position after Question Time? Will I have an opportunity to debate this amendment later?

The Deputy may proceed now for two minutes, report progress and the Deputy will be in possession when the debate resumes.

I support the concept of providing a comprehensive educational response in regard to this issue. That response is as important as the free availability of condoms. Negotiation skills for girls must be taught in school in respect of their role in sexual activity. Boys must be made feel more responsible for the natural and probable consequences of the sexual act. Boys and men have neglected their responsibilities in this area for too long. Women have carried the guilt for abortions and unwanted pregnancies and now men must be held equally responsible. Men must change their attitude towards sexual responsibility. The long saga of legislation surrounding contraception here is evidence of our inability in the past to tackle the conflicts between Christian morality and the practicalities of sexual health. I am happy that this legislation is possibly the final step in the long saga of the availabilty of condoms.

With regard to the large number of women who present for abortions in England and those who decide not to opt for abortion but who have their babies here as single mothers, research has proven that few of those women use condoms or any form of contraception. It is essential that we target young people in our schools in relation to their sexual habits and safe sex practices.

Progress reported; Committee to sit again.
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