Jillian van Turnhout (Independent) | Oireachtas source

I thank all the experts for their very compelling contributions. I have specific questions about head 4 of the Bill. I refer to the submission from the College of Psychiatrists of Ireland which proposes that the term "absence of clinical markers" is incorrect. This has already been referred to this morning. They talked about the absence of biological markers but that there are clinical signs and symptoms. Given the debate and the discussion on Friday, it would be useful and informative if the expert witnesses could elaborate on the reason they propose that this would be deleted from the legislation.

Dr. Doyle raised the issue of the definition of "child" in the legislation. I say to Dr. Doyle not to be afraid to be a broken record on this issue. It is startling that "child" is not defined in the legislation. I am very mindful that we are talking about the X case. Dr. McCarthy said in his statement that, "Suicide in Pregnancy is real, a real risk, it does happen". That is a fact which needs to be clearly stated. He referred to the issue of consent, in particular, with regard to children. It is often the case that consent is regarded as one-way, that a person consents to a medical procedure. However, a person can equally refuse to give consent for a procedure. We need to be very mindful of the use of the word, "consent" with regard to the child. I am thinking in particular of children in care. If I am correct in reading between the lines, other children may have choices because their parents may choose to travel with those children but a child in care will not have that choice. What if the parents do not agree to that? What if that child is in care because of parental abuse, yet the parents may interfere in the choice made by their child? This is an extreme situation which may only arise in one case, but that is still a child in the care of the State.

In the view of the experts, should the legislation include a specific provision with regard to children in the care of the State? I am concerned that such a child could be almost smothered in the process by the number of people who may become involved. This would add to the difficulty for a child with suicidal ideation or intent.