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

10:40 am

Dr.Tony Holohan:

In response to Deputy McHugh's first question, the issue is the risk to life that arises through self-destruction and not through any other category.

I take the point that perhaps more can be done to highlight the available pathways that exist to deal in the hear and now with women who express suicidal ideation during pregnancy. That is something on which perhaps we can all collectively do a better job. It is something that I am more than happy to take up with the college of obstetricians and the college of psychiatry to see if we can make more clear those arrangements that currently exist and will continue to exist into the future, and in which I have expressed confidence in terms of how they allow doctors to deal with patients who express suicidal ideation or have any other mental issues in pregnancy.

Deputy Timmins made some remarks on the terms of reference and on the nominations and process around the expert group. We have confidence both in the chair and in how he carried out the work that he did. The nominations were made on a confidential basis by the various different bodies, although I know that some have made their nominations public. We have moved to a position now where we have a set of heads of a Bill based on that work. We have confidence in the work that was undertaken by the expert group under the chairmanship of Mr. Justice Ryan.

Deputy Timmins asked in regard to the numbers under the care of the HSE. We do not maintain numbers in regard to that point, therefore, I am not in a position to answer that question. I think the scenario Deputy Timmins painted regarding the conscientious objector is one where all practitioners in a given setting might conscientiously object. I guess that is a theoretical problem and I would see it as one. It is unlikely to become a practical problem and in that situation there will still be a duty on the provider, which would be the HSE or perhaps one of the voluntary institutions, to make arrangements to ensure that the woman - let us remind ourselves that this is a woman who is in a situation where there is a real and substantial risk to her life - has access to an appropriate service, even if that is not available at that particular location, but I rather doubt that this situation will arise in clinical practice.

Deputy Creed asked about accountability back to the Minister. I take the points he made. There certainly is not any resistance in the Department and I am not aware of any other pockets of resistance, as it were, to the proposal that the Oireachtas might have some particular role. This information will be available to us and to the Minister and we intend to report on it in public as part of the routine reporting we do of many things. I am not aware of any resistance to what the Deputy is proposing. That would allow us to make an ongoing evaluation of the impact of the legislation, which I think was the import behind his question.

Deputy Creed's final point related to the question of appeal. This is something we have explored and on which we have dealt with the Attorney General. The appeal mechanisms we provided for in the legislation provide for a right of appeal for a woman in a given situation where she is not happy with the determination that is made by the panel. The assessment that is undertaken by the clinicians requires them to have a regard to the equal right to life of the unborn foetus. We are not making provision for any other appeal mechanisms, through me or through anybody else, in the legislation.

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