Séamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I would like to comment on the amendments in my name, which I accept cannot be moved if the Minister's amendment is accepted.

This legislation arises from the X case judgment. There are certain tests outlined in that judgment. One of the tests referred to, namely, that it is not necessary for medical practitioners to be of the opinion that the risk to the woman's life is inevitable or immediate, is not referred to in this or any other section of this Bill. I fail to understand the reason the Minister is prepared to include the other elements of the tests of that judgment and not that one.

As stated by the Minister, we need in this legislation to provide clarity for women and medical practitioners. That was the point of the portion of the judgment I mentioned earlier. This Bill would be considerably enhanced if that part of the test was included, in particular in this section. I also have concerns in regard to the provision dealing with the three medical practitioners. It is worth reading again what the expert report states in regard to the number of medical practitioners to be involved:

It was generally considered that two doctors with the relevant training and expertise appropriate to the case would be sufficient for making a clinical decision as to the risk to the life of the woman, whether the risk arose because of a physical or mental health condition. However, more doctors could be involved in the process by way of informal consultation among colleagues or multidisciplinary team assessment, as often occurs in complex cases at present.

I believe that this is the better provision and it should be included in the legislation. While it provides a requirement of two doctors it also provides for the option, as happens more nowadays, particularly in difficult cases, of having multidisciplinary teams and assessment and consultation between medical practitioners. I believe the Bill, and in particular this section, would be significantly enhanced by the inclusion of those two elements.