Oireachtas Joint and Select Committees

Tuesday, 2 July 2013

Committee on Health and Children: Select Sub-Committee on Health

Protection of Life During Pregnancy Bill 2013: Committee Stage

7:50 pm

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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We are trying to create clarity where some doctors believed there was uncertainty. In opposing amendment No. 7 is what the Minister is saying quite simple? The essence of the amendment is that when a doctor is acting in good faith he or she has to take updated clinical and medical and scientific knowledge and best practice into account. Can the Minister reassure me that is the situation?

Did those who read the Bill discuss whether good faith meant informed good faith? I thought I heard the Minister say there had to be informed good faith using the best knowledge available to doctors at the time and based on best clinical practice. If the Minister can assure me that is implicit in the definition of "reasonable opinion", I will accept that.

On amendment No. 10, the Minister indicated he is considering the issue. We propose that, notwithstanding the provisions of sections 7 to 9, inclusive, and where in the reasonable opinion of a medical practitioner a course of action could reasonably and practically be offered to the pregnant woman which would avert the real and substantial risk of the loss of the pregnant woman's life which would not require the carrying out of a medical procedure in the course of which or as a result of which an unborn's life is ended they may not conclude that the risk in question can only be averted by carrying out that medical procedure.

The Minister can avail of the facilities of the Parliamentary Counsel. The purpose of my amendment is to give effect to the requirement of the ruling of the Supreme Course in the X case that a termination of a pregnancy is permitted where there is a real and substantial risk to the life of the woman which can only - the word "only" must be stressed - be removed by terminating the pregnancy.

It ensures that a medical procedure, during the course of which or as a result of which an unborn human life is ended can only be carried out as a last resort where there is no other reasonable or practicable treatment available. We are trying to say that all other options which have the effect of averting the real and substantial threat to life of the mother would have to be used in preference to one where the life of the unborn would be lost.

I welcome the commitment of the Minister to examine this issue. I will not press the amendment. I will wait until Report Stage if, as I understand, the Minister is considering a possible alternative wording which would put in more developed language the concept which I am trying to develop.