Simon Harris (Wicklow, Fine Gael) | Oireachtas source

To be clear, the draft Bill I published in March, before the referendum, did not contain a reference to "examined". I want the Deputy to know that, from a policy perspective, I did not deem it to be necessary. From a legal perspective, and based on significant and deep consultations with the Office of the Attorney General, there was a very strong view that it provided a degree of legal clarity that was lacking without it. From a policy perspective, quite frankly, I would love this not to be in the Bill. I would love to be able to come here today and say we should delete the line containing "examined". However, the legal advice available to me is that that is not without risk and, of all the legislation we debate in this House, I do not wish to take any risks or chances with this legislation.

I am meeting the Medical Council in the morning and I will raise this issue with it because it is the regulator. The Deputy is right that the Medical Council has regulations which are there to be enforced, yet we still see a worrying degree of paternalism from time to time in the Irish health service, whether it is the issues the Deputy referred to earlier in regard to CervicalCheck, transvaginal mesh or more generally in terms of reproductive healthcare. I will raise it with the Medical Council and also with Dr. Boylan in the context of the clinical guidelines. We can certainly keep this under review, and I have no doubt we will be doing that. To be clear, the reason I voted the way I voted earlier was that the strong legal view is that the word "examined" should be there and that it provides greater clarity than "consulted with".

See this speech in context