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)

3:05 pm

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

While I am conscious that the formal review process needs to be completed in a speedy manner in order to safeguard the right to life of the pregnant woman concerned, it is important to understand that the process requires the HSE, as convener of the process, to take a number of steps. The application for the review process needs to be assessed to ascertain the nature of the request and whether it concerns a section 7 or section 9 certification, as well as to identify the relevant medical practitioners, the logistical arrangements for convening them, their duty to examine the woman and her right to be heard or for someone to address the review committee on her behalf. Reasonable timeframes are, therefore, provided for in the Bill to strike a balance between the need to vindicate the pregnant woman's right to life and the logistical requirements of the process. During the drafting of the Bill my officials consulted with the relevant professional bodies and I am satisfied that the timeframes provided are appropriate.

In addition, it must be noted that the timeframes refer to an absolute upper limit and, depending on the clinical scenario at hand, the review process may take place much more speedily. Finally, were the pregnant woman's medical condition to deteriorate, provisions are made for her situation to be addressed through an emergency procedure under section 8.

We had a long conversation on this issue at Cabinet. I believe three days is a reasonable length of time and that seven days is too long for convening a committee. However, this request could come in on a Friday evening. The medical experts, all of whom have work and patient commitments, will have to be available. In any event, the process could take less than three days.

In regard to the assessment, particularly where it involves a review of suicidal ideation, we would have to leave sufficient time for a proper clinical assessment and review. This will not be a purely desktop study nor will the reviewers be required to interview the woman if that is not her desire. I imagine in a lot of cases the woman or someone on her behalf would make a presentation to the panel. As I consider these timeframes to be reasonable, I cannot accept the amendments.

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