Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I know that other Deputies wish to come in but I think this clarification will be useful. The reason I am including this is to provide much wanted and sought after clarification for the medical community and also legal clarity. The scheme I published on the Department’s website on 28 March required certification of a “condition affecting a foetus that is likely to lead to the death of a foetus either before birth or shortly after birth”. Doctors understand what constitutes a neonatal period but they do not understand with as much clarity, nor should they, what “shortly after birth” means. They wanted a sense from us as legislators as to what is the period in question, which is the neonatal period. I take the point made by Deputy Smith, and I do so seriously. It returns to the reference to the chilling effect and so on. I do not believe that there is any chilling effect here, nor do I believe that medics think that either, although I am open to correction because the phrase “in the reasonable opinion of” is used. We are trusting the clinician to make the decision that it is appropriate to terminate. We are trusting his or her medical, clinical opinion and that of a colleague in this situation because the opinion of two doctors will be required.

Another thing that we have not discussed much, but which is obvious, is the judgment of the mother. We are talking about three adults, namely, the mother, in a much wanted pregnancy with the devastating news of a fatal foetal abnormality, and two doctors, all believing in the reasonable opinion that this is the appropriate course of action. I do not want to go on too long, but the neonatal period of 28 days is a term that is understood in the medical community and welcomed by it, as opposed to “shortly after”, which are the types words that we can use here.

I am sure the Deputy is in touch with clinicians but I am happy for her to seek guidance.