Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank the Senator. His interpretation is exactly correct in terms of what this review about. What is not in scope of this review is consideration of whether the three-day waiting period is right or wrong, whether it should be five days, one day or not there at all. That was a matter that was discussed in detail and ultimately decided by the Oireachtas. There were very clear heads of Bill published before the referendum so that people knew what they were voting for. Similarly, the 12-weeks was in the heads of the Bill and when people were voting in the referendum, they were very clear that that is something they were voting for. It was something that was then decided upon and voted upon by the Oireachtas. It is not in scope of this review to say that other countries provide for six weeks or 16 weeks and we are recommending a move to that. That is not in scope. These are matters that have been decided.

What is in scope is how these things are being operationalised. I will give an example in regard to both provisions. On the three-days, it was agreed during Covid that an in-person consultation was not possible for infection prevention and control reasons and so remote consultation with the GP was facilitated. The three-days was not up for consideration, but how it was operationalised was. This review could, for example, look at that and consider if, operationally, there are ways that the three days is working, is not working and are there potentially changes required. The policy question as to the waiting period is not in scope.

Similarly then for the 12 weeks, it is not in scope for the policy question to be looked at in terms of it being 12 weeks, six weeks or 16 weeks. What is in scope would be if, as part of the consultations, women or services providers, for example, GPs, said that they were really nervous about the 12 weeks and so what they are tending to do is provide the services where they think the pregnancy is probably around eight or nine weeks, which gives a safety margin in terms of the 12 weeks. That clearly is an operational issue because the policy position is 12 weeks. If it turned out that women were not getting the service up to 12 weeks because the GPs were genuinely concerned and were then airing much earlier, then that is an operational issue that could be addressed.