James Reilly (Dublin North, Fine Gael) | Oireachtas source

Deputy Seamus Healy raised the issues of an inevitable or immediate risk to a woman's life and the possibility of having two rather than three doctors involved in the process. I have made my position clear on these matters. This is a subjective assessment as there is an absence of biochemical and physical markers. We believe, and it is a Government decision, that there should be two psychiatrists rather than one involved. I will not accept an amendment to change the current provision. Deputy Denis Naughten made this point also.

Deputy Seán Conlan outlined a scenario in which a suicidal woman does not have a history of depression and refuses other treatment. He then asked whether medical practitioners could certify in such circumstances. We addressed this issue last night, although I accept the Deputy could not be present for the discussion. It is very clear that the psychiatrists concerned could not certify in the circumstances he outlined because they do not meet the test. That is an absolute and it is in the Bill.

On Deputy Colm Keaveney's question on whether a pregnant woman would be automatically committed because she is suicidal, that is absolutely not the case. He also asked whether I can guarantee a woman would not be sectioned under section 9. I cannot give such a guarantee because if there is an underlying serious psychosis, the woman, whether pregnant or not, would have to be sectioned and committed.

To return to the Deputy's first point, the very notion that one could section a woman who is expressing suicidal ideation but is not depressed to keep her confined for the duration of her pregnancy would be utter anathema and would not be tolerated or countenanced. It is very clear in the Bill that we are trying to clarify what is legally available and what criteria must be met before doctors can certify that someone in such circumstances would be entitled to a termination and it would be permissible for a doctor to perform a termination. I keep returning to the point that there are three doctors involved.

It is also important to point out that the duty of an obstetrician is to both his or her patients. That is very clear. The duty of a psychiatrist is to his or her patient. However, in this country the duty on psychiatrists, all doctors and all citizens is to protect the life of the unborn in so far as is practicable. That duty, therefore, remains with the psychiatrists involved.

What we are trying to do in the Bill is provide the clarity the medical profession needs to provide a safe service when women need to access that service.