Oireachtas Joint and Select Committees

Tuesday, 21 May 2013

Joint Oireachtas Committee on Health and Children

Heads of Protection of Life during Pregnancy Bill 2013: Public Hearings (Resumed)

11:00 am

Mr. Paul Brady:

I will answer Deputy Byrne's two straightforward and direct questions. I do not believe the legislation will lead to widespread termination of pregnancy, although it is hard to make predictions in these matters.

I do not think that is the question. The question I am suggesting, as a lawyer looking at the draft legislation, is whether it will permit more than is intended. Will the Bill permit more than people are legislating for? In that sense, head 4 gives false comfort, having heard how it will operate in the absence of mental illness. If a woman presents with suicidality and no accompanying mental illness, there is no other option for a psychiatrist in terms of what can be done in those circumstances. Effectively, by framing the request in those terms, it becomes self-fulfilling because one cannot look behind the expression or double-think the situation. The presumption is that the woman will be believed. That is what we have heard or at least, that is the testimony that was given. Therefore, effectively, there is no other option but to certify. Professor O'Keane said that she would not be prescribing it or advising it but if a woman asks for it, she will certify it in those circumstances.