Michelle Mulherin (Mayo, Fine Gael) | Oireachtas source

I extend my sincere condolences to Savita Halappanavar's husband, Praveen, and their families on the great loss and heart-break they now endure. I note Praveen has acknowledged that the need for an inquiry is not just about Savita but about all women. Therefore, I would like to appeal to Praveen to co-operate with the inquiry the Government is trying to undertake and to come on board.

When we go into hospital for whatever private and personal medical reason, it is a matter of public interest that we receive appropriate treatment to accepted and established medical standards. Therefore, it is important that we establish as soon as possible whether there was a systems failure in our health service in this case which we expect to protect the life of the mother. However, as law makers we must park the emotions of this case. What we have to do now is focus on the report of the expert group. I urge the Minister to publish it as soon as possible and I understand that is his intention.

We have to be clear that in this country there are already medical standards in the law and in medical ethics. The European Court of Human Rights in the A, B and C judgment ruled that the Irish law struck a fair balance between the right of the mother to a private life and the right of the unborn. The law in our country requires that when life-threatening complications are identified in a pregnant woman, doctors not only can but must act to preserve the life of the mother. This may result in ending the pregnancy prematurely and the consequent death of the unborn child. That is lawful. If these accepted medical standards are not met, then the question is, why? That is the question to be put in the case of Savita Halappanavar with the proper objective medical and legal evaluation of the standards.

The idea that legislation will provide the absolute clarity we would like is not true. The decision as to whether there is a real and substantial threat to the life of the mother in order for a medical intervention to proceed which may result in the death of the unborn child in accordance with the X case is first and foremost a medical decision. We must acknowledge the considerable difficulty, perhaps impossibility, of drafting any legislation or guidelines which could successfully prescribe each and every situation in which there is a threat to the life of the mother which would entitle the doctor to act. It is ultimately a decision made by a doctor in a given situation using his or her best professional knowledge and judgment. The Irish Medical Council already has guidelines in place to guide a doctor in this situation in accordance with the law.

There is talk of the requirement of clarity for doctors but the real problem is who signs off on the medical decision. What is really needed is a decision-making mechanism to be put in place for these life threatening cases. There can be no time to dither when these critical decisions have to be made. I do not believe an individual doctor, who could have his or her own personal views on the issue to contend with, should make this decision, rather what is needed is a panel of highly qualified medical doctors for each region or HSE area who could come together at short notice to make a decision when a pregnant woman wishes to invoke her right to have her own life protected or when a treating doctor has a doubt.

In conclusion, I welcome the fact that the report is with the Minister and I look forward to its publication for a broader debate as soon as possible. Ultimately, no decision about whether legislation is necessary or what form that legislation should take can be made without the benefit of the deliberations on the core issues in the A, B and C judgment by the expert group and its recommendations to guide us.

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