Oireachtas Joint and Select Committees

Wednesday, 3 July 2013

Committee on Health and Children: Select Sub-Committee on Health

Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed)

12:15 pm

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

I take on board what Deputy Ó Cuív has said. Deputy Shortall has raised the issue of a lack of legal protection for the psychiatrist. While the Minister of State, Deputy White, can deal with that matter in a more comprehensive fashion, it is dealt with in normal practice in good faith. No one can predict with certainty the outcome of a psychiatric condition and sadly, there is all too much evidence of this. However, as long as doctors act in best faith, using the latest knowledge available to them as adjudicated by their peers, they have a protection. As for the Deputy's concern on the issue of the chilling effect perhaps operating in the other direction in respect of psychiatrists, because of what she considers to be an uncertainty, being more disposed to certify, I do not believe it will arise because the law is quite clear in this regard. They have protection on it and for as long as they have acted in good faith and have a rationale for not certifying, then I believe they have protection under the law.

I mean no disrespect but I believe Deputy Ó Caoláin's comments were covered earlier. I acknowledge they were a restatement of the Deputy's opinion, which is absolutely fair and which I respect but I have no more to add. Deputy Mulherin raised a number of issues.

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