Ivana Bacik (Independent) | Oireachtas source

I have three very brief questions relating to the need to ensure this legislation provides an accessible and effective procedure under the terms of the A, B and C v. Ireland judgment. Head 4 concerns the specific requirements in respect of the two psychiatrists, namely, that both should be employed at a centre registered by the Mental Health Commission and one should be attached to an institution where the procedure is carried out. Is that overly restrictive, particularly in view of the possibility that they will be dealing with minors, who ideally will have to see a child or adolescent psychiatrist, and the fact that the maternity hospitals in Dublin are not part of a general hospital with a big psychiatric department attached?

My second question relates to the review provided for in head 6. Seven days seems unduly long where a woman is seeking to vindicate her right to life. Could this practicably be reduced to three days?

In respect of head 19 and the criminalisation aspect, I share the concerns of others about the penalty and the overly broad wording. It falls foul of the Constitution in terms of creating a criminal offence that is too vague and broad in its current drafting. I also suggest that the woman concerned should not be criminalised. If we are looking at the Criminal Law (Suicide) Act 1993 as a model, given that the note to the head specifically refers to that Act, we can see that it does not criminalise the person who attempts suicide.