Oireachtas Joint and Select Committees

Tuesday, 21 May 2013

Joint Oireachtas Committee on Health and Children

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

2:55 pm

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

My first question is directed to Dr. Craven. He referred to the Medical Council's guidelines, the importance of professional integrity in dealing with the public and the expectation that medical professionals will act in good faith. There is an obligation on such professionals in that regard and the Medical Council's guidelines are the essence of this. The 2009 edition of the guidelines specifically states, in the context of suicide as a threat to the life of the woman, that a termination is lawful in this country. Is Dr. Craven of the view that the guidelines in question are at variance with good medical practice?

My second question is directed to Ms McDonagh. In the context of the debate on the protection of life in which we sometimes engage, reference is made to the obligation on obstetricians, psychiatrists, cardiologists, oncologists and medical professionals in general to vindicate the life of both the mother and the unborn in so far as is practicable. Article 40.3.3° of the Constitution is specific in this regard. Where in the legislation is provision made for the intentional destruction of the unborn to safe the life of the mother? We can understand that in the event of an intervention prior to foetal viability, while it would not be intentional, the life will be destroyed. From where in the heads of the Bill did Ms McDonagh obtain the perception that there will be intentional interventions in order to destroy the life of the child and after viability as well? If an ability in this regard exists, perhaps she could enlighten us as to how we might tighten up the position. I do not believe any Members of the Houses or any professionals would like legislation to be put in place by means of which we would almost obligate or allow medical practitioners to intentionally destroy life. If we were to do so, would we not - at the very least - be passing legislation which would probably be against the spirit of Article 40.3.3° and also unconstitutional?

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