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

I welcome the delegates and thank them for their considerable contributions. On page 16 of the document that she submitted to the committee in advance of today's meeting, Ms Schweppe talks about adults of sound mind refusing treatment, including a reference to the exception that arose where Ms Justice Laffoy sought a capacity test. Our objective arising out of these deliberations is to assist in the drafting of legislation on a very complex issue. Yesterday I tried to tease out the challenges of having precision in legislation, and my question to Ms Schweppe today relates to the scope of legislation. We will never be able to second guess or anticipate all of the situations that can and, over time, undoubtedly will present. Is Ms Schweppe of the view that the legislation to be drafted should anticipate and provide clarity for medical practitioners where there is agreed professional opinion that a woman does not have the ability or is not of sound mind and thus incapable of making a decision to refuse medical intervention? I am interested in having her elaborate on that particular point in order to inform our understanding of the extent of what she might wish the legislation to address.

Will Ms Staunton clarify her point regarding the narrow suicide test? Is she referring to the current legal position when she states that a pregnant woman who is suicidal for reasons not directly linked to the pregnancy is not entitled to an abortion but a woman whose suicidal tendencies are due to her pregnancy is so entitled? As I pointed out yesterday to the representatives of the Irish Medical Council, that seems to be what is outlined in its guidelines. However, it seems clear that not everybody is aware of that being the case, including some of the expert opinion that presented here yesterday and may yet present before these hearings later today or tomorrow. Certainly, not all legislators are aware of the fact. Will Ms Staunton clarify that issue for us?

I commend Dr. Mills on his drafting skills. I have gone through the legislation he has offered us and thank him for the effort employed. Going back to the point Deputy Kelleher raised, the Bill presented by Dr. Mills includes provision for the termination of pregnancy in the case of lethal foetal abnormality. There is an assumption, which was in evidence in the discourse last night on the Vincent Browne show on TV3, that this is something which cannot be addressed in the context of the legislation the Government intends to present. I am not convinced that is the case. This committee has made a decision not to accommodate those who wished to articulate their very disturbing experiences in this regard. However, nobody could fail to be moved by the account of the young woman who spoke on the TV3 programme last night or the accounts of what many other families have been through. Unfortunately, the Chairman has indicated that my time is up. Will Dr. Mills indicate, with the benefit of his undoubted skills, whether it is within our compass to include provision for this particular matter in the legislation shortly to be presented?