Ivana Bacik (Independent) | Oireachtas source

I thank the witnesses very much for their very helpful points and comments and for reminding us that the legislation is very restrictive but that its purpose is to provide for an accessible and effective procedure whereby women may vindicate their constitutional right to life. It is particularly helpful to hear from Dr. O'Grady who had the direct experience of having certified eligibility under the X case criteria. That is very useful because there was some suggestion in earlier sessions that these cases never arise. I ask Dr. O'Grady to confirm for the committee that in fact they do, albeit in extremely rare cases.

I wish to raise a couple of specific points, first, in respect of the women who are affected. We are reminded that the majority of the 4,000 women who travel will not be affected by this legislation. The reality is it will affect young girls mostly in care or in emergency situations where women are restricted in travelling. The question was raised about specific reference to children. In the earlier session, Dr. Doyle suggested that "child" be defined in the legislation, given the slight anomaly between the legal age of consent to medical treatment and the Non-Fatal Offences Against the Person Act which is 16 years and then 18 years for psychiatric intervention. I ask if the experts have any comment on this anomaly.

I ask for clarification on some technical points. I take the point that all the experts are in agreement that the Mental Health Act gives us a very clear procedure involving one GP and one psychiatrist. The expert witnesses suggest that this arrangement be replicated, not that there be one GP plus two psychiatrists. I ask for clarification on that point because what is being suggested could potentially put another doctor into the certification process. Dr. Doyle referred to a very practical issue that one third of girls in Clare do not have a GP and asked what is to be done in those instances. The time limits under head 6 were pointed out and this is very important. I take Dr. O'Keane's point about head 6(2), which I think contradicts the language of head 6(1), which does not envisage that there would be no opinion. It envisages an opinion against certifying for eligibility.

On the final point about the issue of suicide under head 19, as Deputy Conway said, the person who commits suicide - indeed, anyone who attempts suicide - is not criminalised under the 1993 Act. Similarly, if we are using that model, I wish to confirm that the woman or girl who attempts suicide in Ireland should not be criminalised.