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

I will deal, first, with Deputy Michelle Mulherin's concerns. It is no harm to reiterate that I intend to introduce amendments to these sections on Report Stage. The amendments will not change the substance of the sections but will make it clear that the life of the unborn is to be protected in all instances, as well as that of the mother. Deputy Michelle Mulherin presumes that a woman who refuses treatment will be certified. I have already covered this issue with Deputy Seán Conlan. A woman who refuses treatment cannot be certified as the certifier will not be able to meet the test that all options have been explored. That does not mean that we can prescribe in law that every woman must be committed, have counselling and a course of anti-depressants. It means that an assessment must take place. Proper practice requires that such assessments cannot take place over a period of one hour. Assessment will take a period of time that is acceptable and reasonable. It may be that, following such a period, practitioners form the opinion that there is a real and substantial risk and that the only treatment which can work, having explored the other treatments, is to terminate the pregnancy. Treatments which are refused cannot have been properly explored and tried. If the opinion is formed by a second psychiatrist over a period of time also, certification takes place.

It has been suggested we provide for a cooling-off period. While that applies in other areas of law in relation to certain purchases, we are discussing a life and death issue. It will be highly prescriptive. This Oireachtas could be responsible for the death of a woman where two psychiatrists had certified that a risk was real and substantial and she had taken her life while we were having our cooling-off period. That is not something I am prepared to have on my conscience and it is not something we can prescribe in law. It is overly prescriptive. I accept that there are only good intentions behind the suggestion, but it is not possible to implement it within the law. Certainly, it would be completely contrary to the advice of the Attorney General. The medical profession would be outraged that someone's life could be left at risk on foot of a legal decision by the Oireachtas to prescribe a cooling-off period. I am sorry to say it is not feasible.

Deputy Peter Fitzpatrick asked who would have the obligation to inform a woman of her rights. It will be the doctor. The Deputy asked about appeals to the courts also. We have sought in so far as possible in the Bill to keep this process medical. It will involve a medical review. The situation with legal appeals will be the same as it is in all areas. One has a right to go to court to seek an injunction and appeal a decision. There is that right, but it is deliberately not part of the Bill. To make such a provision would be to suggest every woman who finds herself in a distressed state should be subject, having gone to three doctors and, perhaps, been subject to a review by another three doctors, to cross-examination by a group of lawyers. That is not what people would consider reasonable. It is open in cases where people believe they need relief in respect of a wrong decision.