Regulation of Information (Services Outside the State For Termination of Pregnancies) Act, 1995

Regulation of Information (Services Outside the State For Termination of Pregnancies) Act, 1995 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1995 Regulation of Information (Services Outside the State For Termination of Pregnancies) Act, 1995 Regulation of Information (Services Outside the State For Termination of Pregnancies) Act, 1995 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 5 of 1995 REGULATION OF INFORMATION (SERVICES OUTSIDE THE STATE FOR TERMINATION OF PREGNANCIES) ACT, 1995 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

“Act information”.

Section 3

Conditions governing the giving of Act information at meetings or in certain publications.

Section 4

Prohibition of display of certain public notices, or distribution of unsolicited publications, containing Act information.

Section 5

Conditions governing the giving of certain information, advice and counselling to certain individual women.

Section 6

Further conditions governing the giving of Act information to certain individual women.

Section 7

Prohibition on receipt of certain financial or other benefits or advantages.

Section 8

Prohibition on making of certain arrangements.

Section 9

Search and seizure.

Section 10

Offences.

Section 11

Offences by bodies corporate.

Section 12

Forfeiture.

Section 13

Conscientious objections.

Section 14

Amendment of Indecent Advertisements Act, 1889, and Censorship of Publications Acts, 1929 to 1967.

Section 15

Short title.

Number 5 of 1995 REGULATION OF INFORMATION (SERVICES OUTSIDE THE STATE FOR TERMINATION OF PREGNANCIES) ACT, 1995 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. [12th May, 1995] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act, save where the context otherwise requires— “Act information” shall be construed in accordance with section 2 ; “body” means a body corporate or an unincorporated body of persons; “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; “termination of pregnancies” means intentional procurement of miscarriages of women who are pregnant; “woman” means a female person.

2.—This Act applies to information that— (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 (b) relates to such services or to persons who provide them, and information to which this Act applies is referred to in this Act as “Act information”.

Conditions governing the giving of Act information at meetings or in certain publications.

3.—(1) (a) Subject to paragraph (b), it shall not be lawful to publish or procure the publication of Act information— (i) orally at a meeting to which the public have access whether upon payment or free of charge, (ii) in a book, newspaper, journal, magazine, leaflet or pamphlet, or any other document, (iii) in a film or a recording (whether of sound or images or both), (iv) by means of radio or television, or (v) by any other means to the public, unless— (I) if the information relates to services provided in a particular place or to persons providing them in a particular place— (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 (B) the information and the method and manner of its publication are in compliance with the law of that place, and (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. (b) Paragraph (a) does not apply to publication, or the procuring of publication, to which section 4 applies.

Prohibition of display of certain public notices, or distribution of unsolicited publications, containing Act information.

4.—It shall not be lawful— (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 (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.

Conditions governing the giving of certain information, advice and counselling to certain individual women.

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— (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, (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— (i) the information and the method and manner of its publication are in compliance with subparagraphs (I) and (II) of section 3

Further conditions governing the giving of Act information to certain individual women.

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— (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, (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 (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.

Prohibition on receipt of certain financial or other benefits or advantages.

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.

Prohibition on making of certain arrangements.

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.

Search and seizure.

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— (a) an offence under section 10 has been or is being committed on or at any premises or other place, and (b) evidence that the offence has been or is being committed is on or at those premises or that place, 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— (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 (ii) to require any person found there to give such member or accompanying member his or her name and address.

Offences.

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.

Offences by bodies corporate.

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.

Forfeiture.

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.

Conscientious objections.

13.—Nothing in this Act shall be construed as obliging any person to give Act information.

Amendment of Indecent Advertisements Act, 1889, and Censorship of Publications Acts, 1929 to 1967.

14.—The Indecent Advertisements Act, 1889 , and the Censorship of Publications Acts, 1929 to 1967, are hereby amended as follows: (a) sections 3 and 4 of the Indecent Advertisements Act, 1889 , shall not apply to printed or written matter referred to in those sections, (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 (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, 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.

Short title.

15.—This Act may be cited as the Regulation of Information (Services outside the State for Termination of Pregnancies) Act, 1995.

Acts Referred to Censorship of Publications Act, 1929 1929, No. 21 Censorship of Publications Act, 1946 1946, No. 1 Censorship of Publications Acts, 1929 to 1967 Indecent Advertisements Act, 1889 1889, c. 18 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais