Oireachtas Joint and Select Committees

Monday, 20 May 2013

Joint Oireachtas Committee on Health and Children

Heads of Protection of Life during Pregnancy Bill 2013: Public Hearings (Resumed)

6:20 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael) | Oireachtas source

I have brief questions and it would be great if the witnesses could answer them. Does the INMO have concerns about the extremely limited rights of conscientious objection in relation to abortions carried out under head 4? Has the organisation had an any consultation with its members regarding any changes as a consequence of this Bill? Can Dr. Walshe indicate in what percentage of cases where cancer is diagnosed before viability is it possible to manage treatment in such a way as to facilitate the safe delivery of the baby?

I have a question for Mr. Saunders regarding the Health Act 2007. We know that the Minister for Health has expressed a view that the 2007 Act offers scope for oversight of termination of pregnancy permitted under the Bill and consistent under Article 40.3.3o of the Constitution. From the explanatory note under head 1 it is not obvious which provisions of the Health Act of 2007 would authorise the Minister to investigate, discipline and-or refer for prosecution a physician or a psychiatrist who would certify, without justification, that an abortion was necessary to prevent the woman from killing herself, or to remove a physician, including a psychiatrist. from the panel's consideration of an application for abortion or reviewing denials of such applications. Will Mr. Saunders indicate what authority exists in that respect under the 2007 Act?

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