Oireachtas Joint and Select Committees

Thursday, 10 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

11:10 am

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael) | Oireachtas source

I thank the witnesses for their presentations, which contain much food for thought. I have questions for Bishop Jones and Fr. Bartlett. Page 2 of Bishop Jones's presentation states: "It is therefore our view that the most efficient and morally acceptable way of responding to A, B and C v. Ireland is for Government to consult with professional bodies to progress non-statutory but justiciable guidelines that clarify current practice within the two patient model of maternity care. This is current best practice in Irish hospitals. It is internationally recognised and celebrated." That refers to the Medical Council guidelines. He went on to say that those guidelines should be enhanced, while Fr. Bartlett said that life-saving treatment is available at present. These are all variations on a theme that reflects the status quo. However, the status quo is underpinned by the Medical Council guidelines which state in respect of abortion: "Abortion is illegal in Ireland except where there is a real and substantial risk to the life (as distinct from the health) of the mother. Under current legal precedent, this exception includes where there is a clear and substantial risk to the life of the mother arising from a threat of suicide. You should undertake a full assessment of any such risk in light of the clinical research on this issue." Is the church effectively saying it is happy to have the current carte blanche arrangement as envisaged for treatment of the threat to the life of the mother, unfettered by any legislation or regulation that, for example, imposes an obligation on medical practitioners to consult or seek a second opinion or impose restrictions regarding the time limit within which a termination can take place? Is the level of disdain for the legislator, in seeking to rein in and put a framework on those guidelines, such that they feel we should not trespass in this area at all?

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