Oireachtas Joint and Select Committees

Tuesday, 6 November 2018

Select Committee on Health

Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage

11:00 am

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

Deputy Donnelly has asked great questions. The short answer is "Yes". Every formula of words has been examined in consultation with the Attorney General, my own officials and legal advisers in my Department. The reason that I am satisfied with this language is the medical community is largely satisfied with it. In a letter to all of us, which was sent to me this morning and, I think, sent to the committee last night, 24 maternal foetal medicine specialists, convened at the behest of the Institute of Obstetricians and Gynaecologists and the Royal College of Physicians in Ireland, which very much welcomed the introduction of this Bill, have come to us with a number of amendments. They are critical of something in the legislation so there will be arguments on this that I will have to address later. They asked us in their letter not to amend the definition from ending the life of the foetus to ending the pregnancy. Long after we have passed this legislation, there will be obstetricians and gynaecologists in maternity hospitals. They have been asking all of us - and they ask the people - to let them get on with their job and have clarity. They are asking us not to change the wording because, in their words, "it further reduces clarity on the medical and surgical procedures". This is not necessarily about my opinion or my view of the world. Some of them, whom I know all of us hold in the highest regard, have asked us not to do this because they are worried that it will lessen the clarity. As a committee, we have to reflect on that. I am more than happy, as are my officials, to engage with members on this between now and Report Stage but I take seriously what they say. I also take seriously the legal advice on changing it.

Everybody has worked hard, as did the cross-party committee and the Citizens' Assembly, on how this should be addressed, how to achieve the right wording, how to make sure it is legally watertight, and how to make sure it works. I am just worried about reopening the debate on the definition when this has appeared in general schemes and been debated at length but I get what members are trying to do.

I would also make the practical point about ending a pregnancy. There will be women, particularly in the space of fatal foetal abnormalities, who will have twins and they will not end their pregnancy. The advice available to me is that there are multiple births. It is not always the case that a woman who accesses an abortion is ending her pregnancy or that a woman who has a termination is ending her pregnancy. It may be that one of the foetuses is unviable or both. This is a complicated area, which is why I am reluctant to deviate, but I am more than happy to engage with members between now and Report Stage, and to make officials available to engage with them as well.

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