Colm Burke (Fine Gael) | Oireachtas source

I thank the panel for giving a comprehensive overview. I refer to one or two points raised yesterday from representatives of the Institute of Obstetricians and Gynaecologists. The expert group report provided several choices for who should make the decision in the area of suicide. It provided the option of two specialists and for the case to be referred on to a specialist obstetrician, and the option of an obstetrician or two specialist psychiatrists plus an obstetrician. The Institute of Obstetricians and Gynaecologists suggested that the decision should be made by two obstetricians. In deciding on the issue of suicide does the panel believe that two obstetricians can make a decision on the issue of suicide given that their expertise is in the area of obstetrics and gynaecology and not psychiatry? The delegation referred to a psychiatrist being involved as well but they were referring to a panel of three and I wonder about the legal aspects of that.

The second issue relates to section 8 of the draft Bill presented this morning. It refers to two medical practitioners having to sign off on a miscarriage. The evidence given yesterday included reference to smaller units where there is only one consultant on duty from 5 p.m. on Friday evening to 9 a.m. on Monday morning. I do not believe section 8 could be operational in that situation. Perhaps the panel will come back to me on this point because I have a concern in this regard.

With regard to the issue of foetal abnormality, there is a fine line with regard to deciding whether a foetus or baby will survive for one second or ten seconds after being born, and deciding on the issue after five months of pregnancy. I wonder whether there are legal complications in that decision being arrived at. How would the panel put a formula in place to deal with that? I am unsure whether the draft legislation here deals with that issue.