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

10:30 am

Dr. Tony Holohan:

I will firstly deal with Deputy Fitzpatrick's questions. In respect of the definition of appropriate location, the intention is that the service be provided through all of the 19 public obstetric units in the country. It will not be possible under the heads as proposed for organisations that are not governed - and I use that word loosely - by HIQA and its framework, which is the 2007 Act, to be involved in the provision of these services. Without going into the names of individual organisations, some of those mentioned by Deputy Fitzpatrick are not so governed as things stand.

In respect of the care of children, I think I answered the question earlier by saying that the same obligation arises. If there are children who require care, there are other pieces of legislation that govern the situation.

In respect of Deputy Healy's question on viability and gestational age, the legislation is silent on gestational age. I know there has been a substantial amount of media and public comment on that particular point. We believe the making of an assessment as to the viability of a pregnancy is best placed in the hands of the doctors who are making the assessment. It does not mean that we believe doctors - who have a duty, as I noted earlier, to vindicate the right to life of the unborn child - are going to engage in what might be termed late-term terminations. The situation that currently pertains is that doctors will see patients as things stand, where, perhaps as a consequence of suicidal ideation or some physical illness, it is necessary and indicated that a early delivery take place. That is something that happens in the here and now and perhaps gives rise to children being born at an earlier time than might otherwise be the case. This legislation does not change that situation in any way. Issues relating to assessment of the health and viability of the foetus are subject to change as obstetric and neonatal practice improve so it is appropriate and prudent that we would not enshrine specific time periods in the legislation but rather to leave it to doctors to make that assessment in the individual situation.

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