Mr. Samuel Harper:

The point of difference, in some sense, is whether to legislate. Regulation is good and the Medical Council's guidelines are excellent. However, when read in conjunction with the 1861 Act, they are quite daunting, certainly for a woman and her medical advisers, be they psychiatrists or others. For this reason, these regulations need the support of legislation. Others have referred to justiciable regulations, but the most definite way to have such is via legislation. Therefore, the system can work.

There is sympathy for the reality that gates, whatever they may be, will be opened by the legislation's introduction, but the measure of that legislation will be how it controls the situation. In other jurisdictions it has gone out of control in the opinion of those who introduced the legislation. However, our legislators have the benefit of their experience to ensure it is done correctly. We do not envy members' task as legislators, but we do have confidence in them to do it right. There must be a balance.

Senator MacSharry referred to the figure of 3% of threatened suicides that actually occur. The measure of the legislation will be how it identifies the 3%, not how it opens the door for the 100%. We need to do this in the interests of caring. It is not a matter of legislation, rules or regulations but how we should deal with sensitive and serious issues. Legislating is how we will balance caring for the lives of the unborn and the mother. It is also how we will protect professionals and parents in these serious situations. We must accept their integrity and provide the framework within which they can operate.