Oireachtas Joint and Select Committees

Friday, 17 May 2013

Joint Oireachtas Committee on Health and Children

Heads of Protection of Life during Pregnancy Bill 2013: Public Hearings

12:05 pm

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

I thank each of the witnesses. Unfortunately, the time allowed will not allow us to question each of them and elaborate but their contributions are very valuable.

I ask Professor McAuliffe to answer a question on the risk of loss of life due to physical illness. She talked about two medical practitioners, one of whom shall be an obstetrician or gynaecologist who must be employed at a specific location. How will this work in practice? I ask her to assure me that this could not mean that a woman might be examined in two locations, one being that where the procedure could be carried out. Surely it is about bringing the necessary professional expertise to the woman. The IMO presentation made a number of points in regard to patient confidentiality. Would the Institute of Obstetricians and Gynaecologists agree it is something which should be addressed?

Head 3, the risk of loss of life from physical illness in a medical emergency, allows one medical practitioner to carry out a termination in an emergency at any location. I note from its presentation that the institute views that such emergency procedures should only be carried out in a hospital setting. I ask the witnesses to elaborate on that. Would they take the view that, while the Bill provides for any registered medical practitioner to carry out such a procedure, such a person should be somebody who is registered on a specialist division? I would like further clarification, if possible, on that.

I may be open to correction, but from my preparation for this committee I note that, in regard to the requirement for notification to the Minister, notification of all emergency terminations will be sent to the Minister. As the Bill is currently drafted, that does not require the involvement of an obstetrician or gynaecologist. Should the same apply in regard to non-emergency situations such as physical or general illnesses and the risk to life as a result of mental illness and the associated possible risk of self harm or self termination?

Would the institute envisage there would be oversight and a review of notified terminations carried out? Would an effort be made to at least confirm the efficacy of the decisions taken and to win the widest possible public confidence for them? For some considerable time that will be an issue and focus. It would be desirable and helpful if that were to be the case.

I refer to Professor Murphy and the Irish Medical Council. Deputy Kelleher made reference to the guide to professional conduct and ethics. My sense of the guide in the 2009 publication - the witnesses can tell me if I am wrong - is that its wording does not change by the passage of this Bill. Detail regarding the outworking will require revisitation, but the specific guide on how and when it is permissible for an intervention that results in termination would not change.

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