Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I note it is Deputy Donnelly who tabled the amendment and that perhaps it is contrary to his personal views but he has tabled it on behalf of colleagues of his. I accept that people hold the view sincerely and that what they are trying to do may seem minor because it is just changing one word. It is largely the opposite to many of the conversations we had earlier about making sure our doctors have the flexibility and clarity to make clinical decisions.

I believe the word "necessary" to be too prescriptive based on my interactions with doctors and on the legal advice. The word we are using in the Bill, which is "appropriate", has been considered from a medical perspective with a view to ensuring flexibility for medical practitioners practising in the field. For the Deputies' colleagues who are coming at it from this perspective, flexibility does not mean no regulation. I suggest the legislation is already very regulated in terms of what a doctor must do and consider. To use wording other than that currently used in the Bill could have implications for obstetric practice and I believe that, intentionally or otherwise, it could have a chilling effect on the provision of the service or for medical practice in the area more generally because a doctor would have to ensure it is necessary as opposed to appropriate. How will doctors be satisfied it is absolutely 100% necessary as opposed to trusting their clinical judgment and their interaction with the woman? I am coming at this from a point of view which, in fairness, I believe is that of the Deputy also, of trusting the clinical judgment of specialists and experts in this area and trusting the clinical guidelines. Legally, my advice is this would be too prescriptive and would not provide the flexibility for medical practitioners to do their job to make clinical decisions.