Olivia Mitchell (Dublin South, Fine Gael) | Oireachtas source

My question is to Mrs. Justice McGuinness and Mr. Callanan. It relates to the possible need to include some enhancement for the legislation. I refer in particular to a clear pathway to an assessment. Given the basis of the European Court of Human Right’s criticism of us was that we failed to provide such a path, that the legislation provides that the path will be established by specialists, and that the only way to a specialist assessment is by referral from a GP, who if one likes are the gatekeepers to specialist treatment, unless one is admitted to an accident and emergency unit; it seems that the legislation should be at pains to provide a clear path out of the GP’s surgery and how one establishes the right to eligibility. More importantly, there should be a clear timescale. There is clarity on a timescale, what happens and how it happens when one is making an appeal, but there is not clarity when one is trying to access the system.

I have concerns under both heads 2 and 3. In the case of head 2, the woman has no role until the very end.

She can respond to the decision others have made on her behalf. In the case of head 3, she can trigger the situation but the heads assume she will already be in the health system and under the care of a specialist. That is not what will happen in most cases and under head 2, a woman in the very early stages of pregnancy might have a pre-existing medical condition which may present a real and substantial threat to her life but that threat may not be imminent. Time is of the essence in terms of getting a non-invasive procedure.

For a woman's right to an assessment to be vindicated, we need a GP who is willing to participate in the process and to do so quickly. My worry is that if we pass this legislation without putting in place some very clear pathways, it will not meet the demands of the ECHR and we will be back where we started.