Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

Doctors with a conscientious objection should be obliged to refer women to another doctor. To legislate for conscientious objection in the manner proposed in the amendment such that a medical practitioner could decline to assist a woman who presents is against the basic principles of good medical ethics in the view of the professionals who made the case for this legislation at the eighth amendment committee and during the debate across the country before the referendum. I accept that a cohort of medical professionals such as doctors, midwives, nurses, pharmacists and other healthcare providers will conscientiously object.

I have to be honest, however. I have had interactions with them as well. They are people who are conscientiously obstructing the potential roll-out of this service. There is a fundamental difference between the two positions. People are entitled to object conscientiously and not partake but obstructing the rolling out of the services in a way that is against the wishes of the Irish people and, more important, threatening the health of Irish women is anathema to basic, genuine, ethical medical guidelines.

For all these reasons, I do not want us to be too prescriptive in this area. I want the Medical Council, which is charged with regulating doctors and oversees all the registration and the interpretation of medical guidelines, to put what I suggest into effect. It has said at hearings of the health committee and at other fora that it will continually review the guidelines in respect of conscientious objection. As far as I can ascertain, however, conscientious objection has been a fundamental principle in medical guidelines for a long time. I hope it will continue to be. We certainly cannot allow conscientious obstruction, however. I believe some people are now involved in it as opposed to promoting the fact that they are entitled to a conscientious objection.

Let me return to the practicalities. For 35 years, women have had to go abroad for a termination, and their lives were put at risk because of that journey. That is a fact that was presented to the committee on the eighth amendment. Women's lives and health were being put at risk by their having to travel abroad. Our concern was not great, or our conscience was not exactly scratched, when that was happening for many years. At this stage, as we wind down the debate towards the end of our consideration of the legislation, irrespective of whether it finishes tonight, we certainly need to focus on the fact that this legislation is about healthcare for women. Doctors, nurses and others are obligated to comply with the law and medical guidelines. The medical guidelines do enough to ensure conscientious objection is protected and that, importantly, women's lives and health are to the fore in any guidelines that are reviewed or updated from time to time.

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