James Reilly (Dublin North, Fine Gael) | Oireachtas source

These amendments are concerned with the review process set out in sections 11 to 14, inclusive. As the convenor of the review panel, the HSE needs to ensure all the requirements for the participation of medical practitioners in the formal review process as set out in the Bill - for example, in regard to registration, qualifications and composition - can be complied with. In addition, colleges may not make any nominations to the panel, as they are independent organisations and do not have any accountability. The HSE, therefore, must be able to consider the nominations of the professional bodies and add to them, if required, to fulfil the legal requirements of the Bill. If we were to insist that they had an absolute right in this regard, they could frustrate the entire operation of the legislation by refusing to nominate anybody.

To fulfil the requirements for certification, the medical review process must mirror the specifications of the assessment under sections 7 and 9. This means that, since an examination is required under those sections, the review committee must also carry out this examination to be in compliance with the principles of the proposed legislation.

With regard to Deputy Naughten's amendment No. 118, I have received legal advice which confirms that from a legal standpoint the wording set out in the Bill allows a woman and/or the person attending on her behalf to be heard.

With regard to Deputy Walsh's proposed amendment, No. 95, it is unacceptable that the appointment of medical practitioners to the review panel would be subject to the approval of the Houses of the Oireachtas. The provisions the Bill makes regarding the convening of a review committee are aimed at providing clarity in situations in which a woman believes there is a real and substantial risk to her life which may only be averted by a termination of pregnancy. With this in mind, the Bill specifies that review committees be convened as soon as possible after an application has been received. The amendment would have the effect of slowing down the process to the point that women's lives could be put at unnecessary risk, particularly if an application is made at a time the Houses of the Oireachtas are in recess. I am not, therefore, in a position to accept these amendments.

Would it be too much to hope that when Deputy Naughten said I had been repeating something ad nauseam he meant ad infinitum? The reason he knows my views so well is that we thrashed all this out on Committee Stage. There is nothing in the legislation that says a woman cannot have someone with her.

Indeed it would be common enough practice for somebody to bring someone with them when going to see the doctor or to see a group of doctors when they have serious concerns. I hope that the Deputy will accept that I cannot accept the amendments.

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