Oireachtas Joint and Select Committees

Wednesday, 11 October 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Health Care Issues Arising from the Citizens' Assembly Recommendations: Masters of the National Maternity Hospital, Holles Street and the Rotunda Hospital

1:00 pm

Professor Fergal Malone:

In my paper I did not state there should be no exclusions for foetal abnormalities; it was the opposite. I said we should not have an inclusive list as the problem with such a list is that we cannot be that prescriptive. It is possible to have an abnormality, such as hypoplastic left heart syndrome, for example, which in itself is not necessarily fatal but is very severe. If it is combined with a foetus that has severe growth restriction and a major intracranial abnormality, the combination would create a case where there is no meaningful prospect for survival. That was my point about not having an inclusive list. I certainly do not hold the position, and I have not stated as much in our paper, that we do not exclude any abnormality. There are practical problems with trying to create an inclusive list. It cannot be done.

With regard to termination of pregnancy as an example of care, we look after our patients to the best of our abilities. Patients of all types and backgrounds come to see us for care. Of the patients faced with these tragic cases, many will decide to continue their pregnancy. I have given the committee figures on that. We support them every step of the way and help them in the most caring possible way. There is another group of patients for whom it is just not possible for them to continue with their pregnancy when they see the case as being futile. We are not allowed to care for them to the best of our ability now and we are forced to care for them in a split way. They go to the United Kingdom or elsewhere for a pregnancy termination, with the associated stigma, shame and physical risk. We have had a woman from Ireland die on her way back from a complication of the procedure after travelling to the United Kingdom for a pregnancy termination. We cannot care for these people who make that decision in the way we want to care for them. That is why I am here today to suggest we should be allowed care for all of our patients, irrespective of their personal, religious or moral background.

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