Róisín Shortall (Dublin North West, Independent) | Oireachtas source

I wish to add my voice to concerns about the difficulties that arise in respect of certification. We know the difficulties that exist in respect of reaching a clinical diagnosis regarding suicidal intent. My concern relates to how this will impact on the practise of medical professionals, especially in respect of the absence of legal protection in the case of, for example, a psychiatrist who has assessed a woman and deems her not to be suicidal. If that woman at some point in future, for whatever reason, goes on to commit suicide, where does that place the psychiatrist in terms of legal responsibility? My concern, which I raised on Second Stage, is that in those circumstances where there is no clear legal protection for psychiatrists, is there not a real danger that the default position for psychiatrists will be to certify in those circumstances? How do we prevent that occurring? That is the big issue.

We have been told that these cases are one in half a million, yet at the same time if we examine the experience in other jurisdictions where what seemed to be a rather strict regime developed into something entirely different. There is the genuine concern here among people that we could have the same experience. I find it hard to see what is in this legislation that would prevent that default situation arising for psychiatrists. I would welcome some clarification on that.

Significant issues were raised at the hearing by Dr. Sam Coulter Smith on the question of certification.