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

Yes. It draws a distinction between terminating a pregnancy and terminating the life of the unborn. This is an unusual scenario. What are acceptable grounds for a woman claiming that she is suicidal? Which scenario is it or is it both? Is it when she claims she is suicidal as a result of the pregnancy or when she claims she is suicidal as a result of the existence of an unborn child? What is the qualifying criterion?

I wish to follow up on Deputy Ó Cuív's points. There is a difference between a child being born prematurely with disabilities, but who is a wanted child, and the scenario that could arise under this legislation, that is, an unwanted child being delivered prematurely, resulting in significant disabilities. Several questions arise out of the latter scenario, not least in respect of the State's liability, the legal and ethical responsibilities of the medical practitioners involved and the future care arrangements for such a child. The Minister can see how this is moving towards a situation that many would find unacceptable.

The Minister of State, Deputy White, asked whether there was a better way. He stated that he and the Minister were doing their best in the context of the constitutional provision and the law. I do not doubt that for a moment, but the main problem is that there is no way of knowing what the consequences of this legislation will be. People are concerned that, as it is not possible to prove clinically that a person is suicidal as a result of a pregnancy or the existence of an unborn child, the default position could become one in which medical practitioners, in order to protect themselves, would be reluctant to refuse to certify in such circumstances. This could result in a significant increase in the rate of terminations. This is the issue about which people are principally concerned. Not for a moment am I claiming that this is what the Minister and Minister of State are setting out to achieve, but it could be the unintended consequence. As such, it is fair and reasonable for people to ask them for an annual review mechanism that would be open and clear as regards the impact of this legislation and to give consideration-----