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

10:10 am

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I welcome the witnesses. I will speak briefly, Chairman, because we want to accommodate as many members as possible.

I would like to ask Professor Murphy whether a complaint about a doctor has ever been made to the Irish Medical Council by a colleague or another individual because he or she has refused to carry out a termination on foot of the X case, Article 40.3.3° or the Irish Medical Council's guidelines. I suppose my key question relates to whether a termination has ever been carried out in this country under these guidelines. Has a complaint ever been made to the Irish Medical Council about a doctor who has refused to carry out a termination under these guidelines?

On the broader issue, I would like to ask Professor Murphy about the view of the Irish Medical Council with regard to prescriptive legislation. Would the council be concerned that it could be overly prescriptive? In other words, is there a concern that the detail of the legislation could make it so prescriptive that it will be very difficult for a practising clinician to carry out his or her duties without having a barrister or lawyer tied to his or her hip? Such a view was expressed to us by some medical professionals on Committee Stage and privately. I have asked the two questions I have on that particular issue.

I would like to know whether difficulties existed prior to the A, B and C v.Ireland case. Had the Irish Medical Council and its members encountered difficulties with clinical decisions being arrived at? We do not yet have legal clarity or legal certainty. We must be reminded that legislation will be passed not by the Government but by the Houses of the Oireachtas. How has the Irish Medical Council been dealing with these issues in the absence of the clarity that is being sought by people now?

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