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Updated 00.52
THE CABINET HAS reached agreement on abortion legislation following a two-part meeting today.
Publishing the Protection of Life during Pregnancy Bill 2013 tonight, Government said that it had agreed to refer the General Scheme of the Bill to the Joint Oireachtas Committee on Health and Children and to request that it should review the Scheme and report on its deliberations to the Minister for Health, adding:
It will provide legal clarity for the medical profession of the circumstances where a medical termination is permissible where there is a real and substantial risk to the life, as distinct from the health, of a woman as a result of a pregnancy.
Anyone who carries out an abortion outside of the terms permitted in the bill faces up to 14 years in jail. Sections of the 1861 act, which provided for life imprisonment for doctor who performs an “intentional miscarriage”, has been repealed.
The bill also provides a definition for the “unborn” as follows:
“unborn” as it relates to human life means following implantation until such time as it has completely proceeded in a living state from the body of the woman.
The bill states that “it shall be an offence for a person to do any act with the intent to destroy unborn human life.”
Risk of loss of life from physical illness, not being a risk of self destruction
This section states that “it is not an offence to carry out a medical procedure…in the course of which or as a result of which unborn human life is ended”. There are caveats, however:
The bill also says at least one of the two medical practitioners should consult with the pregnant woman’s general practitioner where practicable.
Risk of loss of life from physical illness in a medical emergency
This section states that “it is not an offence to carry out a medical procedure…in the course of which or as a result of which unborn human life is ended”. There are caveats, however:
Risk of loss of life from self-destruction
This section states that “it is not an offence to carry out a medical procedure…in the course of which or as a result of which unborn human life is ended”. There are caveats, however:
This section also states that at least one of the three medical practitioners should consult with the woman’s GP where possible.
It also states that where the three medical practitioners jointly come to a decision, the certifying obstetrician/gynaecologist shall forward the certificate at the “appropriate location” and shall make arrangements for the carrying out of the procedure at that location.
It also says:
It will always be a matter for the patient to decide if she wishes to proceed with a termination following a decision that it is permissible under this Act.
Formal Medical Review Procedures
The bill states that “a pregnant woman or a person on her behalf with her consent” can appeal a decision by “writing to the HSE in the form and manner prescribed by the Minister to have her case reviewed if she has consulted a medical practitioner”.
The panel that will hear this appeal shall consist of medical practitioners and be of a “sufficient size and composition for the purposes”.
A qualified person should, within seven days of receiving the written application, “establish and convene a committee drawn from the panel established”.
No more than seven days after this, “the committee shall review the case and shall form an opinion in good faith as to whether or not there is a real and substantial risk of loss of life of the pregnant woman that can only be averted by a termination of her pregnancy.”
The person who made the application will then be notified of the decision.
Should a medical practitioner fail to appear before the committee, they may be found guilty “of an offence and shall be liable on summary conviction to a class C fine (not exceeding €2,500).”
Review where risk arises from physical illness, not being a risk of self destruction
In this specific case, the appeal committee will consist of an obstetrician/gynaecologist who must be employed at an appropriate location and one medical practitioner who is registered on the Specialist Division.
The seven days for convening, as well as a further seven days for a decision, as well as the manner in which the decision is made known, remains the same as per the general appeal procedures outlined above.
Review in case of risk of loss of life through self-destruction
In this specific case, the appeal committee will consist of an obstetrician/gynaecologist who must be employed at an appropriate location and two medical practitioners who are registered on the Specialist Division.
The seven days for convening, as well as a further seven days for a decision, as well as the manner in which the decision is made known, remains the same as per the general appeal procedures outlined above.
Formal medical review reports to Minister
The bill states that the “Executive shall in each year, at such times and in such manner as the Minister may determine, provide the Minister with a general report on applications made during the previous year” indicating:
Other
Under the heading of “Notifications”, the bill says that “The Freedom of Information Act 1997 shall not apply to any record under this head.”
The bill also states that it does “not operate to restrict any person from travelling to another state on the ground that his or her intended conduct there would, if occurred in the State, constitute an offence under head 19 of this Act.”
Oireachtas Health Committee
The Heads of Bill will now be examined by the Oireachtas Health Committee, which is likely to seek the input of more medical and legal experts.
Committee chairman Jerry Buttimer said this evening that the committee would meet on Thursday to discuss its timetable for this second round of hearings.
Reaction
The Irish Family Planning Association (IFPA) tonight welcomed the publication of heads of Protection of Life during Pregnancy Bill. Its CEO, Niall Behan, said that its legal team would “now consider the heads of the bill and will consider the proposed legislation in detail when the full bill is published.”
Sinn Féin’s health spokesperson Caoimhghín Ó Caoláin said that the heads of the bill needed to be “considered very carefully”, adding that “we should now proceed calmly and reasonably, based on the wording as published.”
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Why should bingo players be forced to pay 25%to charity,I don’t see the same rules applied to the GAA,Rugby,Horse racing, Dogs etc. This is their sport, hands off Minister, FFG must have a deathwish.
@Honeybee: well said. Although I doubt this will be the death of FFG unfortunately. If people dying on the streets, dying waiting for hospital apt, dying even after getting a hospital apt and tests (cervical smear scandal) , bribery, massive overspend and unaccountability isn’t enough to get the Irish moving and ousting our government then I fear nothing will
@Everyone’sgonecrazy: I dunno, i wouldnt get in d way of an old lady and her coppers
@Everyone’sgonecrazy: Older citizens this is there only time out to meet there bingo friends and have some company and a bit of craic The same government asking us to look out for older people if there is one person missing from a usual night night of bingo somebody will notice and go and check the welfare of the person Leave Bingo Alone please
@Honeybee: Because charities these days aren’t charities as they are businesses, the amount paid to the CEO’s is crazy and some have lobbyists as well as donate to political parties as well. Unless they want people to support the Canadian teachers more in the National lottery, funny how our national lottery are supporting the pension fund for Canadian teachers, explain that??? Kettle and pot comes to mind?
@Vote4Pedro haha very true! @Marian O Donnell: oh 100%, they’ve fought for our country, worked and raised the next generation, they should be rewarded rather than constantly neglected. The Gov like to tax the enjoyment out of everything.
This is a recreational activity in the mainly poorer areas, the majority of attendees are elderly, for many it’s their only social engagement. Fine Geal have completely lost all credibility
Danny Healy-Rae will be in the Dail next week saying people should be allowed to have 2 games of bingo tax free and drive home.
@Bernard Sweeney: and his brother will be on saying the balls are controlled by the Almighty, and not the laws of physics.
@Fozz: and then the Healy-Rae sons will come in to bate the snot out of anyone just because they’re Healy-Raes.
@Chris Linehan: And look for Compensation
@Fozz: I bet you don’t believe in Santa either?
Why dont they give 25%,of their wages they winning all the time. Wake up people
So, they’re OK increasing the maximum stake on slot machines – I.e. they are encouraging people to gamble more in an uncontrollable environment, but they are going after bingo. Makes sense – I’m just not sure to who though
Big mistake, messing with the bingo mafia
@David Geoghegan: They have knitting needles in their bags you know lol.
so ffg decides to toughen up gambling law by going after BINGO ! while at the same time allowing gaming machines and on line betting sites to increase jackpots ,funny how there is NO MENTION of BOOKIES having to give 25% of their takings over to charities though ! and this from the same shower who sold off the NATIONAL lottery to a ‘canadian teacher pension fund ‘ !! and allowed then to hike up their prices and increase the number of balls in the draw thereby DECREASING the chances of winning ! how many of these jokers are getting a ‘christmas bonus’ from paddy power and his ilk ?
Is this Waterford Whispers? We must be the laughing stock of Europe
Is it April again .I can’t believe this .I heard on the radio about a homeless man in court for robbing two bars of chocolate worth 3 euro or something and then comparing it to a eu minister stepping of a plane and signing for his 55 thousand euro expenses I think it was father Mc ferry that mentioned it .I think this country has lost the plot
If only prince Andrew had the same slogan
@John O Reilly: I own this town and this chippy???
The Gov making another Balls of things.
Bunch of clowns what will they come up with next?
Leave Bingo alone, it’s good clean fun.
Its geting harder every day to try to understand what the hell these fools are doing..they have so much more to be thinking about..leave the bingo alone..people look forward to it..its not cheap.and a bit of a meet up..what charity do they think they should give to.its so not fair..i agree dont go if it goes through .keep your money..if you have a charity bingo thats different or fundrasing night.but not the ordinary bingo night..
We really have become a nanny state: they leave all the betting shops alone even though they can bring so much misery to many families and individuals and they go after bingo halls where older people get comfort and company in their old age. Just unbelievable . Who was so stupid to think of this ? This nanny state is trying to take the joy out of living for many especially those living in the country who now due to our just awful Minister for Transport, cannot even enjoy a drink out for the evening . And we just lie down and keep taking it. Unbelievable.
Are the Healy Rae’s not toxic now after the recent court case???
Alway voted FFG but between the Minister of Transport and his drink driving policy and now this move, I will not vote for them again.
Zzzzzzzz
25% to Bingo operators
60% to prizemoney
15% to Old folks
FFG on the same level handbag snatchers
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