Ivana Bacik (Independent) | Oireachtas source

I wish to ask Dr. Mills and Mr. O'Connor in particular about the issue regarding the general practitioner, GP. I take the point about the current wording, "where practicable", being rather vague. Would it be helpful to include a specific requirement that the GP be consulted with the consent of the pregnant woman? In a second point on definitions, Mr. O'Connor picked up on the definition of "patient". However, looking through the heads, I note the word "patient" is only used in head 4(4) and head 2(5) and elsewhere throughout the rest of the Bill, the term "pregnant woman" is used. This might answer Mr. O'Connor's issue in that rather than being obliged to define "patient", one could simply not use that term but instead could use the clearer term "pregnant woman". I seek his comments in this regard.

In respect of head 1 and the definition of the unborn, this is something to which Dr. Mills referred in January. At present, it appears to me as though this definition goes further than is required by Article 40.3.3° and appears to cover, for example, both where there is no prospect of life outside the womb and where the foetus is in fact dead. Should the definition of "unborn" at least be restricted to exclude this particular aspect, in accordance with what representatives of the Institute of Obstetricians and Gynaecologists told the joint committee last Friday, which was that in this instance, they do not regard it as coming under the definition of "unborn"? Finally, I was glad to hear both Mr. O'Connor and Dr. Mills state that head 19 is too broadly drafted. I had taken the view that it is so broadly drafted, it would in fact be inconsistent with the Constitution, in line with the precedent in King v. Attorney General that it is too vague and covers too broad a range of activities. I am grateful to both witnesses for pointing out the excessive broadness. In particular, should members consider not criminalising the pregnant woman, in line with the Criminal Law (Suicide) Act 1993, where the person who attempts suicide is not him or herself criminalised? This is the Act referred to as a model in the notes to head 19. I believe everyone is in agreement there should be some sanction for the doctors or persons who aid and abet outside of the legislation, at least within the terms of the Constitution.