John Brassil (Kerry, Fianna Fail) | Oireachtas source

As a practising pharmacist and healthcare professional, I believe that if a person wants to opt out, he or has has the conscientious right to do so. I will break my contribution into three parts.

I will deal, first, with the pharmacy issue. I know that the Minister is very well aware of the duties and responsibilities of a pharmacist. Dispensing drugs is not like handing out chips in a chip shop; rather, it is an issue of professional responsibility, particularly in hospitals. I am informed that the drug potassium chloride may be needed at a later stage during pregnancy. As it is highly toxic, it is highly controlled in its prescription, dispensing and administration to avoid inadvertent toxicity or death. The role of the pharmacist in its dispensing, if it is to be used in an abortion, is extremely important and we really need to establish whether pharmacists can exclude themselves from the process. I, therefore, ask for clarification on the issue. On Committee Stage the Minister referred to the code of conduct of the Pharmaceutical Society of Ireland, PSI. Unfortunately, to my knowledge, the code does not explicitly mention freedom of conscience or conscientious objection for pharmacists. Therefore, I would really like to receive clarification on the issue. If further legislation is needed to protect pharmacists - I believe they deserve protection - it needs to be progressed immediately.

The legislation states a doctor shall make such arrangements as may be necessary for the transfer of care of a pregnant woman to enable her to avail of a termination. What exactly does that mean? I would like to receive a specific explanation on the floor of the Dáil. Some doctors might regard the giving of the number of a helpline as not including them in the process, while others would. If those doctors deem it to be against their beliefs and judgment, they should be protected and not subject to a legal challenge. They deserve to be protected. The same goes for midwives.

I want to refer to a few scenarios because this issue is worrying. The majority of abortions will be carried out with the use of an abortifacient, a pill which consists of Mifepristone and Misoprostol. The research tells me that the earlier the drug is given, the more effective it is. It is 98% effective in the first eight weeks, 96% effective between eight and nine weeks and 93% effective from nine to ten weeks on; therefore, it is not 100% effective. A situation may arise where somebody in the ninth or tenth week of pregnancy avails of this tablet or a set of tablets and they do not work. She then enters the next scenario because up to nine weeks, she will be dealt with at GP level, but between nine and 12 weeks, she will avail of a different route. I am concerned that some woman in seeking to avail of an abortion service will move from the GP service to the hospital setting. I will use County Kerry as an example. Is the service in County Kerry set up for this? Are there enough obstetricians in the county opting in because if there are not, we have a situation that we need to deal with? I would hate for a situation to develop where somebody seeking a termination starts the process before 12 weeks but cannot have a termination before 12 weeks expire. The last thing we want to do is bring about a situation where somebody will finish up in tragic circumstances, as happened when the eighth amendment was in place, and a new debate erupts. It is extremely important that we receive clarification on the issues raised. I firmly believe that if a healthcare professional wants to opt out of the process, he or she should be allowed to do so without fear of a legislative or legal challenge.

Among some elements in the House, there is a rush to get this legislation over the line. There is an old saying - "act in haste, repent at leisure". I do not want to see a situation develop where somebody seeking a termination will finish up in a scenario similar to those that developed after the introduction of the eighth amendment into the Constitution. We need to know how many doctors, hospital obstetricians and midwives are available to take part and whether all 11 hospitals that provide pregnancy care are suitable to take on this role.

The drug mentioned is to be provided by a doctor. Right now most doctors do not have the facility to order it. They must use the pharmacy. They do not have licences or contracts with manufacturers. Today is 5 December. If this legislation is to be in place by 1 January, we are really beginning to push things out.

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