Oireachtas Joint and Select Committees

Thursday, 8 November 2018

Select Committee on Health

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

1:30 pm

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I do indeed. My amendment No. 157 refers to the issue of conscientious objection. I believe that we already have comprehensive provision made for any person who wishes to conscientiously object. I do not hold with the notion that the provision of this specific form of healthcare for women should cause a whole additional layer. Notwithstanding that, we believe it needs to be codified that there would be consequences for those doctors who refuse care to women. Asking a doctor to participate in a procedure is not the same thing as asking that he or she ensures that a provision is made for the procedure to happen.

Our amendment asks for a referral to the Medical Council for appropriate sanction in the event that a physician refuses to make arrangements for the transfer of care of the woman who is pregnant. There should be a sanction because we do not believe there should be an opt out and that Ireland should continue to do what it has done for decades, which is to look at women in crisis pregnancy situations and fold our hands, throw our eyes up to heaven and say, "No, sorry love we are not helping you." That is not good enough. There has to be an obligation to make a referral for the transfer of care. I do not believe telling a doctor to make a referral is the same as forcing a doctor to participate in any procedure. Any Deputy who comes in to the committee and tries to claim this is being somewhat disingenuous.

The amendment provides for a referral to the Medical Council for appropriate sanction. Although I may have had my own views about whether or not a criminal sanction would be appropriate, the amendment does not say that. It states, "shall be referred to the Medical Council". We are having this debate following on from the referendum, and all of the discussions we had where everybody said there should be no more shame and no more stigma or forcing women to go abroad. It is about putting the woman at the centre and ensuring she gets the care. It is about ensuring that if the doctor or physician in front of whom she is sitting does not wish to provide that service then that physician will make a referral onwards. As I said earlier, I do not believe this constitutes participation in any way, shape or form. It simply lives up to the obligations to provide care.

The Deputies have called themselves pro-life - the opposite of which is anti-life, which is silly - and I do not hold with their notion that this part of healthcare should be separate or different. We believe there should be a sanction on any doctor who refuses to make arrangements for the care to be provided if he or she is not willing to do it themselves.

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