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

I respectively disagree with the argument put forward by Deputies Ó Caoláin and Boyd Barrett. We are not, in terms of the legislation before us, talking about parity between mental and physical illness rather we are talking about parity between physical illness and suicidal intent. The legislate is quite clear, as was the evidence from the witnesses who attended the committee hearings, namely, if a woman has an underlying mental health condition the question that must be asked is, is there an alternative course of treatment available that could avert the suicidal intent? The reality is, in terms of an underlying mental health condition, in the vast majority of cases there is an alternative course of action available. Only where there is no other option to avert the suicidal intent can a person certify a termination. The difficulty that arises is a woman who presents and has no underlying mental health condition cannot under the Mental Health Act be forced to have any course of treatment. There is then no alternative option but to certify that the woman have a termination. It is important to remember that Professor Veronica O'Kane in her evidence said that it is impossible to prove or disprove suicidal intent or suicidal ideation and that if a woman presents before her, which woman does not have any underlying mental health condition, and states she is suicidal her hands are tied and she must certify in the circumstances. It is right to provide for a second opinion because of the type of circumstances that will arise in regard to the certification process.