Dáil debates
Tuesday, 4 December 2018
Health (Regulation of Termination of Pregnancy) Bill 2018: Report Stage (Resumed)
11:35 pm
Simon Harris (Wicklow, Fine Gael) | Oireachtas source
I will use my contribution to follow from what Deputy O'Brien has said. To be helpful, Deputy Tóibín has admitted that there are errors in the amendment. Before I get to the substance of why the amendment is not necessary, I wish to point out that the amendment simply would not work because the Deputy has referred to the wrong sections. The Deputy has referred to section 10, which is the definitions section. Section 11 relates to risk to life and health, section 12 to emergency situation, and section 13 to fatal foetal abnormalities. The Deputy has not referred to the early pregnancy section, which is section 14.
Even if the Deputy believes passionately in this - I passionately oppose it – he could not pass the amendment in any event. If people are to be credible in saying that they are trying to put forward their amendments, they should do the decent thing and withdraw this amendment. They should not allow us to waste time on an amendment that could not be passed because of the drafting error.
The broad issue of consent is important. The question of consent is already dealt with by the Medical Council, the regulator of our medical profession. Consent is also dealt with in the HSE guide to consent for young people, a copy of which I have before me. Consent is not something unique to this part of our health service. Our health service has to deal with issues relating to consent. The rules of consent will be the exact same in this case as they would be in respect of any other service.
The point Deputy Coppinger made is important. Sadly, there are times when a parent can be a perpetrator. There are times when a young girl needs to see a medical professional. She may not be coming from a happy family background. Often she may be coming from the perspective of having been the victim of abuse, including familial abuse. Our medical profession, the regulator and the HSE know full well how to deal with the issues of consent without us needing to put it in legislation. This amendment is genuinely technically flawed and should be withdrawn. We should move on to the next amendment.
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