Dáil debates

Thursday, 11 July 2013

Protection of Life During Pregnancy Bill 2013: Report Stage (Resumed)

 

4:25 am

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

I tabled these two amendments in an effort to be constructive with regard to this Bill and to improve the protective elements in it. I sincerely hope the Minister will see them in this light.

I am aware, as I suppose the Minister is, that the words in a Bill can be significantly different from the generally understood meaning of those same words. The definition of "reasonable opinion" in this Bill seems to me to be entirely subjective. I would be concerned that it would include the caveat of "good faith", which would broaden considerably what "reasonable opinion" might mean. My understanding of reasonable opinion is that it should be objectively reasonable and reasonably arrived at. In the medical sphere this would mean it would be grounded in best medical practice which, after all, is what everybody in this House is trying to achieve in this Bill. Would the Minister agree that the Medical Council guidelines offer objective and dynamic reference points to which reasonable opinion could be linked?

I refer to amendment No. 19. This simply seeks to orientate the language within the Bill to the language in the Constitution, and should give the effect of improving protections of the human right to life. The reduction in variance from the Constitution should help the Government in the long run.

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