Ms Jennifer Schweppe:

I wish to comment on a few issues. I agree completely with Dr. Mills regarding the link between suicide and termination in that the decisions should be made by individuals - psychiatrists - who are qualified to make these decisions. It is important to note with regard to any termination of pregnancy which is permissible under the Constitution that according to the X case, we are discussing a matter of probability.

In reply to Deputy Dowds, there does not need to be any certainty as to the risk of a medical risk, be it a psychiatric or physical risk, or on the issue of fatal foetal abnormality. I think the matter of probability test is one which should determine this. I agree with Ms Staunton on that point. I do not think there should be any different procedures aside from who determines the risk with regard to suicide. I think to do so would be to bring us back to a situation where mental health is stigmatised. I thought we had moved on from that. To treat them completely separately would bring us as a country back a step.

Senator van Turnhout asked about consent. I think the parallel legislation would probably be suitable, not just to deal with young people but also to deal with anyone for whom a proxy consent is required, such as wards of court, vulnerable persons, for example. In reply to Senator Crown, I agree with Dr. Mills's assessment of our collective opinion on the definition of life. We are just articulating the law on this issue, as opposed to a philosophical or moral position. The reason we are here is because there is no definite agreement on what the law is. Lawyers would be very poor if we all collectively and generally agreed on the law. We are articulating what Mrs Justice Susan Denham said in the Roche case. We think that applies here.