Oireachtas Joint and Select Committees

Tuesday, 8 January 2013

Joint Oireachtas Committee on Health and Children

Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland

1:15 pm

Photo of Jim WalshJim Walsh (Fianna Fail) | Oireachtas source

I will ask three brief questions. I thank the delegation for the clarity of its answers.

My first question relates to the European Court of Human Rights decision in the C case. The evidence before that court was that the woman had been undergoing chemotherapy for cancer for three years, then went into remission and subsequently unintentionally became pregnant. What treatment would the witnesses have afforded the woman in the C case or any other woman who presented to them in similar circumstances?

My second question is directed to Dr. Mahony, who has been particularly strong on the need for legislation. Perhaps Dr. Mahony will explain how in her opinion legislation should be designed and what impact it might have on current medical practice or if amendment of current legislation underpinning current medical practice would be satisfactory? It would be helpful if Dr. Mahony could provide clinical examples in her response in this regard.

My final question relates to changes to the Offences Against the Person Act 1861. Do the witnesses believe any change to or repeal of that Act should also include a duty of care to the baby? Emphasis has been put on doctors deserving legal protection, with which I do not disagree. I believe everybody would also subscribe to the view that mothers should be protected. Should the baby be afforded some protection in law?

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