Oireachtas Joint and Select Committees

Tuesday, 2 July 2013

Committee on Health and Children: Select Sub-Committee on Health

Protection of Life During Pregnancy Bill 2013: Committee Stage

7:40 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

The reason I have concerns about that definition is in regard to the example I gave earlier, that is, where a psychiatrist believes there is a real and substantial risk that a woman will follow through with terminating her own life unless she gets a termination of pregnancy and her suicidal ideation, or the reason she is suicidal, is that she does not want to give birth to a baby. The normal medical procedure in late term is induction, which is to induce the birth at an earlier stage than 40 weeks gestation. In those circumstances, that foetus could potentially be viable outside the womb and would have legal protection once born. If the psychiatrist is of the view that the process whereby the woman physically gives birth to a live baby is the basis of her suicidal intent, under the definition of reasonable opinion as it is currently worded is there not a responsibility to ensure that the foetus is not born alive because, from a practical point of view in respect of that particular woman, to give birth to that baby is the reason she has that suicidal intent? That is the concern. How does one deal with that issue in the legislation? There is no clarity in that regard in the legislation as drafted.

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