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
10:20 am
Professor Kieran Murphy:
I will address some of the questions raised and Ms Spillane will follow on from me.
Deputy Kelleher asked whether the Medical Council had ever received a complaint about a termination of pregnancy. To the best of my knowledge, we have not received a complaint under this section of the guide. The guide is a high level and principle based document which covers a range of scenarios, including consent, capacity and abortion. We categorise complaints under a variety of sections. Ms Spillane will elaborate further on this issue.
Deputy Kelleher also asked whether the Medical Council was concerned that the legislation would be unduly prescriptive. It is clearly a matter for the Oireachtas to pass legislation. The purpose of the meeting is to allow members to inform themselves about the concerns and views of the various stakeholders in this debate which include the Medical Council but also the professionals, the advocacy groups and the legal groups. Only by listening to the views expressed by a range of stakeholders will the committee be enabled to formulate legislation that will protect the public, which is the Medical Council's primary responsibility. Like all aspects of our work, our submission is guided by the desire to ensure the public is protected in whatever happens in this debate. If the Oireachtas decides to pass legislation underpinned by regulations, the protection of the public should be paramount.
Deputy Kelleher also referred to different clinical situations. I suggest this question might be better raised with the obstetricians and psychiatrists who will be appearing before the committee later today.
Deputy Ó Caoláin asked about our guidelines.
He has quoted the first section of the guidance on abortion. It is important to understand, as we mentioned in our submission, that the guidelines the council published are not a legal code. They are guidelines to assist doctors in their practice. It is also important to remember that all doctors work within an environment in which there are many different guidelines. For example, doctors work within areas where they are supported by practice guidelines - their training bodies will publish guidelines in the management of specific scenarios. It is important that members understand that Irish Medical Council guidelines are a further set of guidelines in a framework which comprises many different guidelines, which are all underpinned by and must be consistent with the law because first and foremost we are all bound by the law of the land. Consequently, any guidance offered by any other body, such as the Irish Medical Council, must be consistent with what is the current legislation.
Deputy Conway asked for a number of examples to illustrate conscientious objection. With respect, I suggest this question would be more appropriately asked of the psychiatrists and obstetricians who will be presenting later today because the views of psychiatry and obstetrics will inform her knowledge with regard to the scenarios these individuals will face with regard to this issue. I will now pass over to Ms Spillane who may wish to expand further on some of those replies.
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