James Reilly (Dublin North, Fine Gael)

I regret that Deputy Ó Caoláin does not see fit to support the Bill. While I hear what he says, the Deputy's first amendment seeks to provide that the sub-committee or committee's advice would have a binding effect on the board. I do not believe that applies anywhere. The full board must make the final decision and must have the right to be the final arbiter Acceptance of the amendment would be contrary to good governance. The board is responsible and accountable for decisions made by it. It cannot be overruled or bound by a decision of the committee of the board. To provide that a committee may have a majority of members who are not members of the board and may not be aware of the wider implications in relation to matters on which the committee is advising would be to undermine decisions of the main board having a binding effect on the board. I regret to say that we could not allow that.

The Deputy also tabled an amendment which proposes the removal of the provision that a registered midwife must have adequate clinical indemnity insurance to attend a woman in child birth for reward. On this issue, I will be as immovable as a rock. There is no way I will allow the situation to pertain in this country that professionals attending at a birth would not be indemnified. With the best will in the world, things can go wrong. I will qualify what I am saying with the following. I accept that child birth is a natural phenomenon. Where it is safe to have a birth at home, I would be fully encouraging of it. However, to ask that the Government would preside over a situation whereby a professional attending at a birth would not be indemnified, thus exposing woman and child, were a misadventure occurred, to a situation wherein they would have no recourse to any compensation or assistance is beyond my conscience. It is not something I could even countenance.

I regret that proposal is completely ultra vires as far as I am concerned. The only area wherein we seek to have them indemnified is around the birth. Psychological support and so on is not an issue. I cannot accept either of the Deputy's amendments. I nevertheless thank Members opposite, many of whom have been supportive, for the reasoned debate on this legislation.

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