Oireachtas Joint and Select Committees

Thursday, 30 November 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Ancillary Recommendations of the Citizens' Assembly Report: Department of Health and the HSE

3:00 pm

Dr. Tony Holohan:

Not to take from the principle of the point, which I understand, about the flow of information and the generation of information in understanding the scale of the problem so we can properly plan for it, the legislation creates minimal flows of information in respect of two very specific things. One is, obviously, the fact of a termination having taken place under one of the provisions of the Act. We have a flow of information that we have shared in that regard. The other is when the review mechanism is triggered. I recall, in broad terms, the debates that took place when that legislation was passing through. The policy rationale was that the HSE is obliged to create panels from which people are drawn in order to support the review process and especially to make sure that when individuals lodge review requests they get access to an opinion very quickly. I believe that three days is the period of time as set out in the legislation, but I am subject to correction on that. It is, however, a short period of time so the HSE has to have standing panels in place and a range of procedures. The scale of review requirements needed to be understood to ensure the process of review mechanism was working, as opposed to any kind of measure of the scale of the problem. That was the broad rationale for it.

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