Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I have listened to the back and forth on this amendment. I tabled amendment No. 70, which could be grouped with this. The issue of fatal foetal abnormalities and this 28-day period arises twice - in the definition and in section 12. I have sought to do in that section what Deputy Bríd Smith is seeking to do in the definition section. I think the Minister has got this wrong. I would like him to accept the amendments with a view to returning and potentially tightening up the position on Report Stage. I understand that is a big thing to ask of any Minister but I will explain why I am making my request.

The Minister explained that the 28 days is the neonatal term and a length of time very well understood by medical practitioners. However, the stipulation of 28 days will inevitably put doctors in an impossible situation. What the legislation is going to state is that in a case where a fatal foetal abnormality is present and where the doctor involved believes the foetus will die before or shortly after birth - that is what was stated in the heads of the Bill originally - he or she will be obliged to make a decision. If the doctor believes that the baby will live for less than 28 days, he or she will be operating within the law, and will be legally protected, and may terminate the pregnancy.