Denis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

I tabled an amendment opposing the section. I am opposed to the section. I articulated my concerns earlier on this and I would like to make a few brief points on it. Suicide is a real risk in pregnancy and there is no doubt about that. We all have to acknowledge it. However, it is important that we note the evidence given by Professor Kevin Malone to the committee. A balance has to be struck on the issue. We are told that we are talking about a very small potential cohort of people, and the Minister referred to "a handful of cases." The reality is that suicidal ideation within pregnancy is quite common. The research shows it is between one in three and one in eight pregnancies, so it is quite common. I have no doubt that a sizeable proportion of the women who are currently going to the UK do so on the basis of suicidal ideation. That has to be acknowledged as well.

An impression is being given that there is a parity between mental illness and physical illness. That is not the case and it is a false impression that has been given in some quarters on the issue. The reality is that if a woman has an underlying mental health issue that provides an alternative course of treatment, then that treatment must be proceeded with and the consultant cannot certify in those circumstances. If, however, the woman does not have an underlying mental health issue and has suicidal intent, then the consultant psychiatrists' hands are tied and they must certify in those cases. In his last contribution, the Minister spoke about treatments for women who have no mental issue and who have suicidal intent. The evidence we have received from the hearings is that under the Mental Health Act 2001, while the psychiatrist may suggest counselling, it is not actually a course of treatment and one cannot recommend a course of treatment for somebody who does not have an underlying mental health issue. On that basis the psychiatrists would have to certify.

There are major ambiguities on section 9 of this legislation. It is impossible either to prove or disprove suicidal ideation. The only decision that can be made by a consultant psychiatrist is whether or not there is an underlying issue and whether that underlying issue can be treated appropriately. If it cannot be treated appropriately, their hands are tied on this issue. It opens up a very complex situation in some of the issues that have already been raised, and on that basis I am opposed to this section.