Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I had only limited time to question the obstetricians and gynaecologists and would like if I may to put some further questions on that issue to Professor McAuliffe. On the 1861 Act, I expect that it would be the professional experience of Professor McAuliffe and her colleagues that there are no instances in their knowledge where the overhanging threat of that extant legislation would have impacted negatively on decision making by professionals. However, as others have already indicated to the hearing during earlier sessions, there is a great discomfort at the fact that this legislation remains on the Statute Book and all that this implies in terms of contravention of the law as it stands and the possibility or risk of legal action being taken against a practitioner. I would welcome if Professor McAuliffe could elaborate on that point and presume she will confirm that while there are no known cases in that regard, there is nevertheless a powerful discomfort that needs to be addressed by the removal of that legislation.

I would also like to raise at this point one final question which has not been asked in the course of questions to the witnesses before us. Uniquely among the contributions made here today in relation to the composition of the review panel, the Institute of Obstetricians and Gynaecologists indicated it would accept appointment of a member of the legal profession as chairperson of the review panel, which merits a little elaboration as it is not something we heard in earlier contributions. I would like to hear further on that, please.