Ivana Bacik (Independent) | Oireachtas source

I thank the three witnesses for bringing their expertise for our benefit. I thank Dr. Mahony, in particular, for reminding us so powerfully of the facts of the X case and of the evidence of the suicidal intent of that unfortunate young woman. We have heard useful evidence about the lack of access to intensive care units in the maternity hospitals. All three witnesses have suggested that the definition of "appropriate location" under head 1 should be broadened to include Government approved hospitals. Related to this, under head 4, it is required that one of the two psychiatrists would be attached to an appropriate location, that is, to a maternity unit. As Dr. Coulter-Smith pointed out, currently only three sub specialist psychiatrists are attached to the three large Dublin maternity hospitals. Does that mean in Dublin if a woman is seeking to access the procedure under head 4, there are only there psychiatrists from whom one psychiatrist can be drawn? That is a restrictive pool. We heard earlier from the medical bodies that this restriction might not be practicable. It might be too restrictive and it might be better to require that a psychiatrist be defined more broadly because many of the women will be young girls, in respect of whom a child or adolescent psychologist might be more appropriate.

Dr. Boylan, in his submission, pointed out the time limits for the review process under head 6. He pointed out very helpfully that the time limit would currently allow for 14 days before the clinical review could take place, which would lead to undue delay for a woman in accessing her constitutional right to life. What sort of time limit would be practicable?

With regard to the finding on the criminal offence and the chilling effect currently provided in the 1861 Act, is the new wording in head 19 sufficiently tightly drawn to ensure the chilling effect will be reduced or removed? In particular, should the woman herself be criminalised? The head refers specifically to the Criminal Law (Suicide) Act 1993 as a model. Under that Act, the person who attempts suicide is not himself or herself criminalised, only those who aid and abet the person.