Dr. Rhona Mahony:

I will address an important point raised by Deputy Terence Flanagan. We do not anticipate the termination of pregnancies at 24 weeks. Let us be clear. When there is an opportunity to save a baby's life, we will do so. Currently, the threshold of viability in Ireland is approximately 23 weeks of gestation, after which point one might reasonably expect a chance of survival. We will offer a baby every opportunity to survive, including neonatal intensive care. Please, let us not ever discuss the ridiculous concept of the termination of pregnancies at 24 or 30 weeks. We will deliver a baby at 30 weeks, at which point the baby has a good chance of survival. In fact, the baby has a more than 90% chance of survival at 30 weeks. Let us not confuse the issue.

I have not withheld treatment, but this does not mean that I feel legally protected in this country in delivering appropriate medical care in all cases. People ask me about the legal uncertainty. The Offences against the Person Act 1861 remains binding law in this country. The judgment in the X case allows for the termination of pregnancy in the circumstance of a real and substantial risk to life as distinct from the health of the mother. This includes the risk of suicide. However, this situation is not supported by legislation. I see no reason for not legislating for it.

I am not a lawyer, but we are seeking relatively broad legislation that will allow us to do our job. We favour broad legislation with regulation because it is possible that, as medical expertise improves and as medical science advances, we may need to fine-tune or change legislation and regulation. The 1861 Act must be addressed. As it makes the termination of a pregnancy a criminal office, a woman and her doctor can be committed to prison. Doctors deserve legal protection in carrying out their jobs.