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AN ACT TO PRESCRIBE THE
CONDITIONS SUBJECT TO WHICH CERTAIN INFORMATION RELATING TO SERVICES LAWFULLY
AVAILABLE OUTSIDE THE STATE FOR THE TERMINATION OF PREGNANCIES AND TO PERSONS
WHO PROVIDE SUCH SERVICES MAY BE GIVEN TO INDIVIDUAL WOMEN OR THE GENERAL
PUBLIC, TO AMEND THE INDECENT ADVERTISEMENTS ACT, 1889, AND THE CENSORSHIP OF
PUBLICATIONS ACTS, 1929 TO 1967, AND TO PROVIDE FOR RELATED MATTERS.
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[12th
May, 1995]
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BE IT ENACTED BY THE OIREACHTAS
AS FOLLOWS:
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Interpretation.
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1. —(1) In this Act, save where the context otherwise
requires—
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"Act information"
shall be construed in accordance with section 2;
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"body" means a body
corporate or an unincorporated body of persons;
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"person to whom section
5 applies" means a person who engages in, or holds himself, herself
or itself out as engaging in, the activity of giving information, advice or counselling to individual members of the public in
relation to pregnancy;
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"termination of
pregnancies" means intentional procurement of miscarriages of women who
are pregnant;
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"woman"
means a female person.
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(2) In this Act (other than subsection
(1)) a reference to—
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( a ) a person to
whom section 5 applies,
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( b ) a person to
whom Act information relates, or
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( c ) a person who provides services outside the State for
the termination of pregnancies, includes a reference to an employee or agent of,
or a person who, though not such an employee or agent, is acting in concert
or by arrangement with, such a person.
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(3) In this Act—
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( a ) a reference to
a section is a reference to a section of this Act, unless it is indicated that
reference to some other enactment is intended,
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( b ) a reference to
a subsection, paragraph or subparagraph is a reference to a subsection,
paragraph or subparagraph of the provision in which the reference occurs
unless it is indicated that reference to some other provision is intended,
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( c ) a reference to any enactment shall be construed as a
reference to that enactment as amended, adapted or extended by or under any
subsequent enactment.
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"Act information".
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2 .—This Act applies to information that—
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( a ) is likely to
be required by a woman for the purpose of availing herself of services
provided outside the State for the termination of pregnancies, and
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( b ) relates to such
services or to persons who provide them,
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and information to which this Act applies is referred to in
this Act as "Act information".
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Conditions governing the giving of Act information at meetings
or in certain publications.
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3 .—(1) ( a ) Subject to paragraph (b), it
shall not be lawful to publish or procure the publication of Act information—
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(i)
orally at a meeting to which the public have access whether upon payment or
free of charge,
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(ii) in a book, newspaper,
journal, magazine, leaflet or pamphlet, or any other document,
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(iii) in a film or a
recording (whether of sound or images or both),
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(iv) by means of radio or
television, or
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(v) by any other means to
the public,
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unless—
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(I) if the information
relates to services provided in a particular place or to persons providing
them in a particular place—
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(A) the information
relates only to services which are lawfully available in that place and to
persons who, in providing them, are acting lawfully in that place, and
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(B) the information and
the method and manner of its publication are in compliance with the law of
that place,
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and
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(II) the
information is truthful and objective and does not advocate or promote, and
is not accompanied by any advocacy or promotion of, the termination of
pregnancy.
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( b ) Paragraph (a) does not apply to publication, or
the procuring of publication, to which section 4 applies.
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(2) It shall not be lawful to
sell or offer or distribute for sale or invite offers to buy, or distribute
free of charge, anything in which Act information is published in
contravention of subsection (1).
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(3) It shall not be lawful to
show or play a film or a recording (whether of sound or images or both) in
relation to which there is a contravention of subsection (1) at a
place to which the public have access whether upon payment or free of charge.
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Prohibition of display of certain public notices, or
distribution of unsolicited publications, containing Act information.
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4 .—It shall not be lawful—
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( a ) to display a
notice (including an advertisement) containing Act information in or at a place
to which the public have access whether upon payment or free of charge, or
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( b ) to distribute without solicitation by the recipients a
book, newspaper, journal, magazine, leaflet or pamphlet, or any other
document, or a film or a recording (whether of sound or images or both),
containing Act information.
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Conditions governing the giving of certain information, advice
and counselling to certain individual women.
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5 .—Where a person to whom section 5 applies is requested,
by or on behalf of an individual woman who indicates or on whose behalf it is
indicated that she is or may be pregnant, to give information, advice or counselling in relation to her particular circumstances
having regard to the fact that it is indicated by her or on her behalf that
she is or may be pregnant—
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( a ) it shall not
be lawful for the person or the employer or principal of the person to
advocate or promote the termination of pregnancy to the woman or to any
person on her behalf,
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( b ) it shall not
be lawful for the person or the employer or principal of the person to give
Act information to the woman or to any person on her behalf unless—
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(i)
the information and the method and manner of its publication are in compliance
with subparagraphs (I) and (II) of section 3 (1) (a) and
the information is given in a form and manner which do not advocate or
promote the termination of pregnancy,
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(ii) at the same time,
information (other than Act information), counselling
and advice are given directly to the woman in relation to all the courses of
action that are open to her in relation to her particular circumstances
aforesaid, and
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(iii) the information, counselling and advice referred to in subparagraph (ii)
are truthful and objective, fully inform the woman of all the courses of
action that are open to her in relation to her particular circumstances
aforesaid and do not advocate or promote, and are not accompanied by any
advocacy or promotion of, the termination of pregnancy.
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Further conditions governing the giving of Act information to
certain individual women.
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6 .—It shall not be lawful for a person to whom section
5 applies to give Act information to an individual woman or to any person
on her behalf in the circumstances referred to in the part of section 5
preceding paragraph (a) thereof unless—
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( a ) neither the
person to whom section 5 applies nor the employer or principal of the
person provides services outside the State for the termination of pregnancies
or has an interest, direct or indirect, in any body which provides such
services,
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( b ) if the person
to whom section 5 applies or the employer or principal of the person
is a body, no person to whom the Act information relates has an interest,
direct or indirect, in the body or bodies, as the case may be, and
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( c ) if the person to whom section 5 applies or the
employer or principal of the person is a body and a person to whom the Act
information relates is a body, no person who has an interest, direct or
indirect, in the last-mentioned body or in another body which provides
services outside the State for the termination of pregnancies has, at the
same time, an interest, direct or indirect, in the first-mentioned body or
bodies, as the case may be.
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Prohibition on receipt of certain financial or other benefits or
advantages.
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7 .—(1) It shall not be lawful for a person to whom section
5 applies or the employer or principal of the person or (if the person is
a body) any person who has an interest, direct or indirect, in the body to
obtain, directly or indirectly, any financial or other benefit or advantage,
whether by way of voluntary donation or otherwise, from any person who
provides services outside the State for the termination of pregnancies or (if
the last-mentioned person is a body) any person who has an interest, direct
or indirect, in the body.
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(2) It shall not be lawful for a
person to whom section 5 applies and to whom a request specified in
that section has been made or the employer or principal of the person or (if
the person is a body) any person who has an interest, direct or indirect, in
the body to obtain, directly or indirectly, from the woman concerned or any
other person a special financial or other benefit or advantage (whether
separately or together with any other benefit or advantage) in respect of—
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( a ) the giving of
Act information by the person to the woman or to any person on her behalf, or
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( b ) the availing by the woman of a service provided
outside the State for the termination of pregnancies.
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(3) In subsection (2)
"special financial or other benefit or advantage", in relation to a
person, means a financial or other benefit or advantage different in kind or
larger in amount, size or quantity than that that would be obtainable by the
person in respect of information, advice or counselling
in relation to pregnancy given by the person to the woman concerned if—
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( a ) it did not
include Act information, and
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( b ) the woman did
not avail of a service provided outside the State for the termination of
pregnancies,
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but does not include any
financial or other benefit or advantage obtained by the person from another
person (not being a person providing a service outside the State for the termination
of pregnancies) in respect of treatment, information, advice or counselling given by the first-mentioned person to or for
the woman subsequent to and consequent upon the termination of the pregnancy
of the woman.
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Prohibition on making of certain arrangements.
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8 .—(1) It shall not be lawful for a person to whom section
5 applies or the employer or principal of the person to make an
appointment or any other arrangement for or on behalf of a woman with a
person who provides services outside the State for the termination of
pregnancies.
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(2) Nothing in subsection (1)
shall be construed as prohibiting the giving to a woman by a person to whom section
5 applies or the employer or principal of the person of any medical, surgical,
clinical, social or other like records or notes relating to the woman in the
possession of the person or the employer or principal of the person or a copy
or copies thereof in written form.
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Search and seizure.
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9 .—(1) If a judge of the District Court is satisfied on
the sworn information of a member of the Garda Síochána
not below the rank of superintendent that there are reasonable grounds for
suspecting that—
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( a ) an offence
under section 10 has been or is being committed on or at any premises
or other place, and
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( b ) evidence that
the offence has been or is being committed is on or at those premises or that
place,
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the judge may issue a warrant
under his or her hand authorising any member of the
Garda Síochána, and any such member accompanying
that member, at any time or times within one month from the date of the issue
of the warrant, on production if so requested of the warrant, to enter, if
need be by force, and search the premises or other place specified in the
warrant and—
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(i)
to seize anything found there (other than medical, surgical, clinical, social
or other like records or notes, or copies thereof) that such member or accompanying
member believes on reasonable grounds may be required to be used in evidence
in any proceedings for an offence under section 10, and
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(ii) to
require any person found there to give such member or accompanying member his
or her name and address.
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(2) It shall not be lawful—
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( a ) for a person
to obstruct or interfere with a member of the Garda Síochána
acting under the authority of a warrant under this section,
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( b ) for a person who is found on or at a premises or place
specified in such a warrant by a member of the Garda Síochána
acting as aforesaid to fail or refuse to give the member his or her name and
address when required by the member to do so or to give him or her a name or
address that is false or misleading.
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Offences.
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10 .—(1) A person who contravenes section 3, 4,
5, 6, 7, 8 or 9 shall be guilty of an
offence and shall be liable, on summary conviction, to a fine not exceeding
£1,500.
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(2) A prosecution for an offence
under this section may be brought only by or with the consent of the Director
of Public Prosecutions.
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Offences by bodies corporate.
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11 .—(1) Where an offence under this Act has been committed
by a body corporate and is proved to have been committed with the consent or
connivance of or to be attributable to any neglect on the part of a person
being a director, manager, secretary or other officer of the body corporate,
or a person who was purporting to act in any such capacity, that person as
well as the body corporate shall be guilty of an offence and be liable to be
proceeded against and punished as if he or she were guilty of the
first-mentioned offence.
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(2) Where the affairs of a body
corporate are managed by its members, subsection (1) shall apply in
relation to the acts and defaults of a member in connection with his
functions of management as if he or she were a director or manager of the
body corporate.
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Forfeiture.
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12 .—(1) If a
person is convicted of an offence under section 10 consisting of a
contravention of section 3 or 4, the court may order to be
forfeited and either destroyed or otherwise disposed of in such manner as the
court may determine anything in which Act information is published that is
shown to the satisfaction of the court to have been employed in the
commission of the offence.
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(2) A court shall not order a
thing to be forfeited under this section in a case where a person claiming to
be the owner of it or otherwise interested in it applies to be heard by the
court, unless an opportunity has been given to the person to show cause why
the order should not be made.
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(3) An order under this section
shall not take effect until the ordinary time for instituting an appeal
against the order or the conviction concerned has expired or, where such an
appeal is instituted, until it or any further appeal is finally decided or
abandoned or the ordinary time for instituting any further appeal has
expired.
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Conscientious objections.
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13 .—Nothing in
this Act shall be construed as obliging any person to give Act information.
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Amendment of Indecent Advertisements Act, 1889, and Censorship
of Publications Acts, 1929 to 1967.
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14 .—The Indecent Advertisements Act, 1889, and the
Censorship of Publications Acts, 1929 to 1967, are hereby amended as follows:
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( a ) sections 3 and
4 of the Indecent Advertisements Act, 1889, shall not apply to printed or
written matter referred to in those sections,
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( b ) subsection (1)
of section 16 of the Censorship of Publications Act, 1929, shall not apply to
a book or periodical publication referred to in that subsection, and
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( c ) section 7 of
the Censorship of Publications Act, 1946, shall not apply to a book referred
to in that section and section 9 of that Act shall not apply to a periodical
publication, advertisement or notice referred to in that section,
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in so far, but only in so far,
as Act information is published in the printed or written matter, book or
periodical publication, advertisement or notice or in a book or publication to
which the printed or written matter, advertisement or notice relates and the
information and the method and manner of its publication are in compliance
with this Act.
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Short title.
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15 .—This Act may
be cited as the Regulation of Information (Services outside the State for
Termination of Pregnancies) Act, 1995.
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