Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I am not in a position to accept the amendment for two reasons. We have just had a very lengthy debate about conscientious objection and the obligation to ensure that a woman can access health services. Nobody can obstruct that. Conscientious objection is therefore an accepted part of medical practice and already exists in a number of areas, not just in the termination of pregnancy. I do not see any reason to have a different set of rules. This is the same argument used by those who are against the legislation and who want a different set of rules for conscientious objection. I apply the same principle to this amendment. The rules on conscientious objection should be the same for this health service as any other. That covers the first part of the Deputy's amendment No. 50.

The second part of the amendment raises an important point about institutions. Institutions do not have consciences and cannot conscientiously object. Section 24 of the Bill sets out that persons who may refuse to participate due to a conscientious objection, including medical practitioners, nurses and midwives, have that right, but by not including references to other personnel or to institutions the Bill is clear that that provision does not extend to them. I sought the legal opinion of the Attorney General because of the sensitivities involved in this, and have been informed that one of the first tenets of law making is that the expression of one thing leads to the exclusion of the other. In other words, when certain persons are specified in a law an intention to exclude all others, in this case institutions, from its operation can be inferred. This means that by not including a reference to other personnel or institutions the Bill is absolutely clear that conscientious objection does not extend to institutions. I am very clear on that. The HSE is also very clear on that matter, and indeed has been in contact with all 19 maternity units with a view to preparing an implementation plan.

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