Simon Harris (Wicklow, Fine Gael) | Oireachtas source

A number of Deputies have proposed amending Part 1 to include a provision guaranteeing access to termination of pregnancy care. I understand what they are trying to do but it is superfluous without being in any way disrespectful in using that word. The entire purpose of the referendum and this enabling Bill is to give access that does not currently exist and subsequently as we have just debated. We have further enhanced access by making sure it will not be discriminatory, as it will be free and universal and part of the public health service. Everything we are doing in this Bill is about access and ensuring universal access albeit within, as Deputy Tóbin rightly reminds me, the regulated environment that we are deciding to make this provision legal.

I understand the concerns that prompted the proposed amendments but I am responsible for ensuring access to termination of pregnancy in accordance with the terms set out in the Bill and, therefore, there is no need for this to be restated in the Bill. We are trying to keep the Bill as clear and concise as possible.

Regarding subsection (2) of the proposed amendment, the Equal Status Acts, 2000 to 2015, prohibit discrimination in the provision of services, including health services on the grounds of gender, marital status, family status, age, disability, sexual orientation, race, religion and membership of the Traveller community. Our laws ensure that there cannot be discrimination on those grounds.

Finally, on the proposal that the legislation be interpreted in a way that is most favourable to achieving positive health outcomes for pregnant woman, medical practitioners, the personnel with responsibility for providing medical care, are obliged to act in a patient's best interest at all times. The Medical Council's guide to professional conduct and ethics for registering medical practitioners of 2016 makes it clear that a medical practitioner's duty is to act in the best interests of patients and to advocate on their behalf. The council is the regulator and gets to enforce that. I appreciate the Deputies care for those who will have access to services under the legislation. I assure them, as I have on many occasions, that in drafting the legislation, it was genuinely my priority to ensure that it closely mirrored what the Oireachtas committed us to do and what we told the people we would do and ensure terminations are provided in a medically safe and regulated service. I believe the Bill achieves this and I do not see the need to restate it. Inserting additional words in the legislation could inadvertently add to confusion.