Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank the Deputies for raising the matter. I understand the points they are trying to raise but, as I did outline clearly on Committee Stage, I cannot accept the proposal to include a separate section in the Bill which would provide for the administration of an anaesthetic to a foetus where the gestational age of the foetus is 20 weeks or more because, as I explained on Committee Stage when the Deputies first submitted this amendment, the purpose of this legislation is not to regulate or dictate the practice of obstetrics. That is not what we do in this House. There is a very thin line that we should not cross where we move from being policy makers to being doctors. We have to be very conscious of that.

Medical practitioners are bound through professional regulatory mechanisms to operate in accordance with best medical practice. The requirements in sections 11, 12, 13 and 14 for medical practitioners to be of the reasonable opinion, formed in good faith, emphasise that doctors must maintain professional standards and must uphold medical ethics. It is simply not appropriate to include detailed medical treatment, compulsory care pathways or treatment plans in legislation. There are no such provisions in respect of the woman's health or care in this legislation because that would not be appropriate either. It is not where we put a detailed care pathway. It is not where we put information about medication. This type of detail is set out by doctors as they go about their obstetric practice through clinical guidelines rather than in primary legislation. I have previously assured colleagues in this House that in parallel with the service planning and expansion work, clinical guidelines for medical practitioners on termination of pregnancy are also in preparation. It is right and proper that clinical guidelines are drawn up by clinicians and not by politicians. My Department has provided a grant to support this work to enable the timely and efficient completion of the guidelines.

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