Professor Fionnuala McAuliffe:

To answer Senator Walsh, as obstetricians we have an equal duty of care to mothers and their babies and that, of course, will always continue. While we would bow to the superior knowledge of our legal colleagues, it is our preference to have the 1861 Act repealed.

In response to Senator Healy Eames, at the moment, there is no legal certainty for us taking decisions where there is a substantial risk to the life of the mother. We have no legal framework for such decisions and that leads to uncertainty. To reiterate, these are rare cases, and I am aware of a small number where there is legal uncertainty. We have referred cases to Britain for a second opinion and the woman has had a termination in Britain and come back for continuation of treatment in Ireland. If we had legal certainty in these very rare cases where there is substantial risk to the life of the mother, where women have severe medical disorders, we could look after all women where there is a substantial risk. How could this be accommodated in the legislation? If senior doctors could act when they feel there is a substantial risk or threat to the life of the mother which can only be averted by termination of pregnancy or early pre-term delivery of the baby, that would cover the cases we come across where we feel uncertainty.

Is legislation or regulation required? We seek a legal framework and certainty and would defer to our legal colleagues on how that is best framed. At present there is legal uncertainty and we are looking for legal certainty, the nuts and bolts of which we would leave to the legal experts.

I will respond to the query about the expert group. This is the second time I have been asked this question. The answer remains the same. We convened a group of people from the institute on 4 December and came up with our report, which was circulated to the members of the executive of the institute. It was passed unanimously at the meeting of the executive which took place on 14 December. Each executive is represented because it represents an area within Ireland. It amalgamates the views of its members.

I was also asked whether we have been lobbying for this previously. The answer to that question is "No". Our remit was to respond to the expert group. The committee has heard that response today.