Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

It is with considerable regret that I rise to record my opposition to the passage of the Bill, because there is much in it that I accept, support and welcome. I acknowledge that this is an important Bill, and thank the Minister, his officials and those who have participated in what was, when the Bill was first presented, a good debate in this House. I wrote to the Minister on 28 July from which followed an opportunity for me to participate in a meeting between Department of Health officials and the Community Midwives Association in regard to its serious concerns about the Bill, my support for which I have recorded on each Stage of the Bill.

In my letter of 28 July I asked the Minister to use the window of opportunity which presented from that point to today to take on board the valid and constructive amendments proposed by the Community Midwives Association which, at its request, I had placed before the him on Committee and Report Stages. The time between adjournment of the previous Report Stage debate and now was important. While I may well have received an acknowledgement of my letter of 28 July , I cannot find therein a response from the Minister on the matter, although I am open to correction on that point. An opportunity was missed.

I welcome the Minister's amendment in regard to freedom of information. My disposition in regard to much of the work done in this Bill is positive. However, the concerns of midwives regarding in particular the midwives committee and their representation and proper recognition in terms of their role and ability to practise as community midwives have not been recognised by the Minister, which is a serious deficiency in what is otherwise welcome legislation. The Community Midwives Association is not the only organisation to raise this issue. I have taken the time to engage at the highest level with the Irish Nurses and Midwives Organisation. While the two bodies do not necessarily concur on every point, I am at liberty to put on the record that the INMO shares the view of the Community Midwives Association that representation is key and that the midwives' profession, in terms of the midwives committee, has not been properly recognised and provided for in this legislation. That is most regrettable and feeds into the view that the role of midwives' is being undermined in what is otherwise a positive piece of legislation.

I do not intend to stretch this out unnecessarily. The Minister will be aware of specific concerns in regard to section 40, in respect of which I have received correspondence from the Community Midwives Association. The association also has concerns in relation to section 24. Section 40, which I have described as contentious and problematic, is wherein the key disappointment rests. There is a strongly held view that this provision could severely curtail the ability of women to have access to midwife-led child birth. This has long term implications for child birth in this State given the overcrowding in our maternity hospitals and the loss of maternity units in different hospital locations countrywide, including in my native Monaghan. For these reasons, it would be inappropriate for me and my party to, at this point, fold up the arguments we have strenuously made on every Stage of this legislation. I would like to support this legislation and do so in respect of much of what is contained therein but it is important to be consistent. I have taken a stand and will, with regret, hold to that stand and oppose the passage of this Bill because of the Minister's failure to take on board the reasonable and well articulated arguments put forward by the Community Midwives Association representatives.

While undoubtedly the Bill will be passed this evening, it is hoped that the Minister will indicate to the House in his concluding remarks that these matters will be addressed in the future as clearly they are not now going to be addressed in the Nurses and Midwives Bill 2010.

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