Michael Collins (Cork South West, Independent) | Oireachtas source

Can I speak? I gave Deputies the opportunity to speak.

This amendment is yet another one in respect of which it feels as though it should not be needed. It should go without saying that the parents of any pregnant minor would be, at the least, informed that their daughter was requesting an abortion. Those of us who are parents would be upset if our young teenage daughter came home with a tattoo, let alone if we found out that she had an abortion without our knowledge. Can anyone imagine the heartbreak a person would feel if he found out that his daughter had gone through something so traumatic on her own? What if she went through it with no support from him and he was given no opportunity to help her see that she had other options? What if he could have supported her and her baby - his grandchild? It could be the first grandchild had his or her life ended out of the fear and panic of a teenager too embarrassed to tell her parents.

Unfortunately, this is the experience of other countries like our neighbours in the UK. It is routine there for young women and girls to have abortions without their parents' knowledge. Common sense tells us that if we do not legislate for parental notification requirements, we will face the same experience.

In the UK, the British Medical Association makes it clear in the 2018 version of the guide, The Law and Ethics of Abortion, that the patient must be given the appropriate consent for abortion from the age of 16 years. Individuals should be assumed to have the capacity unless proven otherwise. The guidelines also state that those under 16 can consent if they are deemed competent and that patients - adults and children – have the right to confidentiality. This cannot be overridden except in exceptional circumstances.

We do not yet have clear guidelines for consent to abortion in Ireland. However, the Irish general guidelines for consent for medical treatment also allow some exceptions to parental consent for minors under 16. It is not unreasonable to assume that some young girls aged 16 and under would have abortions without the consent of their parents. This shocks most people. To clarify this, I refer to information provided on the HSE website regarding consent to medical treatment. This includes information that persons over the age of 16 can give for consent for surgical medical and dental procedures. The Non-Fatal Offences Against the Persons Act 1997 is relevant. It is clear that a person's 16 or 17 year old daughter could have an abortion without that person's knowledge. However, the position in respect of girls under the ages of 16 years is less clear. Initially, it seems as though children under the age of 16 will require parental consent for medical treatment. Part 2 of the national consent policy of 2017 deals with consent to treatment for children and minors. Section 2.2 on page 50 states that in the case of children under the age of 16, a parent or legal guardian can consent to the treatment of the child. It appears to suggest that there is no Irish law allowing children under the age of 16 years to consent to medical treatment.

However, there is a much more worrying statement on page 54. This policy acknowledges that in health and social care practices, it is usual to involve parents and legal guardians and to seek their consent when providing a service or treatment to a minor under the age of 16. However, the minor may seek to make a decision on her own without parental involvement or consent. In such circumstances, it is best practice to encourage and advise the minor to communicate with and involve her parent, parents or legal guardian. It is only in exceptional circumstances that, having regard to the need to take account of an objective assessment of both the rights and the best interests of the person under 16, health and social care interventions would be provided for those under 16 without the knowledge or consent of parents or legal guardians. It is clear that in some circumstances young girls under the age of 16 may be allowed to make the decision to have an abortion without parental consent if they are deemed mature enough. This is of significant concern to many parents throughout Ireland, and I am sure it is of significant concern to many of us as we consider these amendments.

This becomes even more concerning when the chances of suffering negative physical and mental health consequences after an abortion can be even higher for a teenage girl. The 2017 UK statistics are more concerning again. The UK Government publishes comprehensive data on abortions, and table 4B of the abortion statistics for England and Wales in 2017 shows that 7,343 girls under 18 had an abortion. More than 1,000 of them were under 16. The statistics show that 21 girls under 16 had their second abortion, and two girls, aged 16 and 17, had their seventh abortions. Do we want multiple abortions for our young women? The statistics quoted do not include Irish women. However, in 2017, 64 Irish women had abortions in England or Wales. Do Members believe that if abortion becomes legal for minors without parental consent that these figures will not increase dramatically?

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