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

The Deputies who tabled amendments are correct in that we can do better in this section. Deputy Coppinger pointed out that many Deputies have tried to do better in slightly different ways but we are all trying to arrive at the same landing point. The amendments tabled by Deputies O'Connell and Donnelly are similar in that the idea that "examination" has a connotation that the woman's views will not necessarily be taken on board or that it is just a kind of a physical examination and that is all. That is not the intention. Without being pedantic or negative, because I support what is trying to be done here, there are some things we need to get right between now and Report Stage. It would be excellent if we could try to agree, with the benefit of the legal advice I can offer, on improving the wording on "examined" so that it is much clearer that this is a consultation and a discussion and that, of course, the woman's views matter. We are all entitled to our beliefs but not to our own facts.

Nowhere in these amendments, as Deputy Daly correctly said, is any Deputy trying to remove the idea that the doctor has a role to play and that he or she carries out the procedure. As Deputy Coppinger said, this is not pick up the telephone and have a termination. Truthfully, that is not what is happening.

In response to Deputies Fitzpatrick and Mattie McGrath, this will still involve seeing a doctor, a consultation and all of the other stipulations. It is more about seeing if there is a way of making the language more woman-centred. In this case, it may also be more than just language. It may also be about making sure there is a clear understanding as to how that engagement, if I can call it that, or that consultation is meant to work. To state the obvious, much of this is implied.

The Medical Council's Guide to Professional Conduct and Ethics for Registered Medical Practitioners, published in 2016, states on page 10 how any consultation is meant to work in taking on board the views of the woman - the guide uses the word "patient" - and that includes consent, etc. The Medical Council regulates our doctors, not me and not the Oireachtas. It tells our doctors how they are to behave and also provides for serious sanctions if our doctors do not behave in that way. I thank the Deputies for the amendments which will improve the legislation if we can get this right together. It is worth pointing out, however, that, while there is benefit in doing this, there is also a role for the Medical Council. That would be helpful.

I may have said this already because it has been a long day, but, if I did not, these amendments apply to head 11, which is important. They need to apply to head 17 as well. How the review process is carried out needs to be consistent with how the initial consultation is carried out. I have spoken to colleagues about this and I acknowledge there will be issues in respect of some circumstances where a woman could be very sick or unconscious. I do not suggesting that there are not ways of dealing with that but these are issues we need to tease out. The three sets of amendments have all tried to do roughly the same. Everybody might have their own preferred wording or version or feel that their version is stronger but everyone is basically asking if the legislation can be improved and made more woman-centred. I am committed to working with all of the Deputies to do that by Report Stage.

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