Dáil debates

Thursday, 11 July 2013

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

 

9:00 am

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent) | Oireachtas source

I move amendment No. 130:

In page 14, to delete lines 23 and 24 and substitute the following:“16.(1) Nothing in this Act shall operate to affect any enactment or rule of law relating to consent to medical treatment or shall serve to invalidate any consent given prior to its enactment.

(2) The consent of the woman shall be required for treatment except where, in the opinion of the medical practitioner responsible for her care and treatment, the treatment is necessary to safeguard her life and she is incapable of or is obstructed in giving such consent.

(3) The consent of a minor who has attained the age of 16 years to medical treatment which, in the absence of consent, would constitute a trespass to her person, shall be as effective as it would be if she were of full age; and where a minor has by virtue of this subsection given an effective consent to medical treatment it shall not be necessary to obtain any consent for it from her parent or guardian.

(4) A medical practitioner, subject to the provisions of this Act and in accordance with the provisions of Article 42A.2.1° of the Constitution of Ireland, in an exceptional case concerning a minor who has not attained the age of 16 and whose parent or guardian does not consent to the provision of medical treatment to her under this Act, may carry out medical treatment necessary to avert what a real and substantial risk to the life of that minor.”.

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