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

1:25 pm

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I thank the three witnesses for their strong presentations and for the clarity with which they have provided us, in particular on the issues of time limits and, as described by the European Court of Human Rights, the chilling effect of the 1861 Act and the lack of legal clarity upon current medical practice. Dr. Coulter Smith and Dr. Mahony testified to that.

I have a specific question in relation to the drafting of legislation in terms of the assessment of risk. Dr. Mahony stated that in an emergency one opinion should be sufficient, which as I understand it, is the view expressed at chapter 6.2 of the export group report. However, in respect of a non-emergency situation, two opinions are expressed in the expert group report, namely, two obstetricians or one obstetrician and one doctor, and in the case of suicide risk, an obstetrician and a psychiatrist. While the group weighs up the advantages and disadvantages in this regard it is not quite clear from its report which option is best. It appears to me as though the group comes down on the side of an obstetrician plus one other and that this would be the normal process. I am interested in hearing the witnesses' view on that matter.

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