Oireachtas Joint and Select Committees

Wednesday, 11 October 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Health Care Issues Arising from the Citizens' Assembly Recommendations: Masters of the National Maternity Hospital, Holles Street and the Rotunda Hospital

1:00 pm

Dr. Rhona Mahony:

Decriminalisation would have an impact. I quoted the High Court case of 2014. It is a direct effect of the law which pertains. If we did not have the prospect of a custodial sentence, the decision-making in that case could have been very different. At times, doctors would be a lot more comfortable with intervening earlier in cases where there is substantial risk to the health and life of a woman if they did not face a custodial sentence.

Criminalisation has the capacity to distort and delay clinical decision-making, which is very important. That is not to say, like any other medical procedure or practice, that it should not be regulated appropriately. Nobody should or would argue any differently on that. I am not a lawyer so all I will say on legislation is that what we as doctors are seeking is that the law of our country allow us the flexibility to make the best clinical decisions for our patients.