Mr. Tony O'Connor:

I will deal with the questions that arose from each member of the committee as they were put. Forgive me if I do not get to them all. Deputy Kelleher mentioned conflicts of interest and legal representation. On a pragmatic front, I believe the evidence which has been given to this committee by people like Dr. Mahony, Dr. Boylan and others, shows how doctors deal with this. They are not out there to terminate the life of the unborn. It works well but in a perfect world there should be a procedure, something like the mental health tribunals, in cases where a conflict is identified. If the committee does not mind me saying so, I think it should be lawyer-free as much as possible. We are here to help but we do not want to end up in the courts when we can avoid it.

I agree with the Deputy's perspective on criminalisation under head 19. I think it needs to be more focused. He mentioned the point about the constitutional obligation to legislate and that is undoubtedly the case. It must be accepted by everybody that we are now 21 years on from the X case and there cannot be any further delay in implementing legislation.

I thank Deputy Ó Caoláin for his comments on the draft and I note that he will consider that. He also made the point about the failure to legislate for 21 years. It is time to proceed.

Mr. Brady raised the issue concerning the capacity of children to make the decisions. He suggested that perhaps the legislation would be delayed pending the legislation on capacity both for children and vulnerable adults. My own view is that we have waited long enough and we should get on with it. However, this committee certainly should send a message concerning the legislation on the capacity of children.

Senator van Turnhout mentioned Dr. Maeve Doyle's evidence, which I did not read. However, it is a matter that perhaps this committee should forward to the relevant Oireachtas committee and ask it to get on with the legislation about capacity for vulnerable adults and children.

I agree with all the points that Deputy Seamus Healy made, including that this law will comply with what he has sought to explain.

Senator van Turnhout mentioned the obligation of a doctor to explain a conscientious objection. This legislation does not provide for that, but it is my understanding that the evidence already before the committee is that in its code of conduct the Medical Council has provided that it should be. The new code is to be introduced with the new Medical Council and that point should certainly be made to the Medical Council.

Senator Colm Burke asked a very relevant question on under-18s. There is a deficit there but the doctors have shown the committee how it is working. However, for legal certainty, I would urge the committee to send the message out that legislation is required.