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Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: It is. Perhaps some would deny me that right.

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I am extremely grateful for the objectivity of the Cathaoirleach and I thank him for that protection. What we raised here were facts. It is a fact that the three doctors to whom I referred stated that screening can be carried out at nine weeks. The technology exists. It is also a fact that the results can be back within four days or a week. That is well within the window of 12 weeks. I...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I have the opportunity to raise it here today and I am doing that. I appeal to the Minister to close off the loophole because there is one. It is black and white. We have to agree on that at least. Not to agree on that would be to say that the doctors, Rhona O'Mahony and Fergal Malone are wrong in their contention that they screen at nine weeks because it is a proven fact that screening...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I move amendment No. 35:In page 10, between lines 16 and 17, to insert the following:“Protection of Infants born alive 13.(1) In this section “born alive” means the complete emergence of a foetus from the body of the woman, regardless of the state of gestational development, who, after emergence, whether or not the umbilical cord has been cut or the placenta is attached,...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: To add to what Senator Mullen has just said, the amendment or the addition of the new section is crystal clear. Part 1 provides the definition of born alive. Part 2 outlines what doctors should do. The Minister outlined that the guidelines cover that and that best medical practice would cover that in any event. There is no reason not to accept this amendment if that is the case because it...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I support Senator Mullen on both amendments in the area of foetal pain. The objective of these amendments is to create a duty to ensure that an unborn baby feels no pain during the actual abortion procedure where appropriate and practicable in the judgment of the treating doctor. The amendment would have the effect of ensuring that a baby who is about to have his or her life ended during a...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I will be very brief and will not repeat myself. I thank the Chairman because he has been very fair. Senator Colm Burke and Senator Norris mentioned doctors and the Minister has a soundbite which is, "We should trust doctors". This is not about not trusting doctors - this is about supporting doctors by putting a public policy position in place which would be universally accepted across the...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I wish to add to what has been stated by my colleague on amendments Nos. 40 and 45, which I support. I acknowledge that Senator Mullen outlined that these amendments will not be pressed here today but they have been tabled for a reason. Amendment No. 45 requires parental notification in respect of an abortion performed on a minor under the age of 16 except in circumstances where it is in...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: During the discussion of this issue in the Dáil, the very exceptional situation whereby the father of a girl aged under 16 is responsible for the pregnancy was raised. It was again referred to by Senator Norris. Some Members oppose the amendment on the basis that it could empower the rapist in such very extreme situations to influence the girl's decision. Such situations are...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: It is a 30-year peer-reviewed study.

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: The obvious immaturity of children means that the level of support and care provided after a procedure such as abortion should be even higher than that provided to an adult woman. If a child attends a doctor other than the usual family doctor, the treating doctor may not be aware of the particular issues or challenges the young woman might face. Parents are naturally better equipped to deal...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I have heard what the Minister of State has had to say and respectfully disagree with my friend Senator Norris on the issue. I have looked at the abortion notification form in the United Kingdom and read section 20 of the Bill. Subsection (2)(c), for instance, refers to the need for the county or place of residence of the pregnant woman to be recorded. Let us simplify the matter a little....

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I support the amendment. It proposes to create a new section and does not deal with emergency situations. It proposes to replace section 21 with detailed provisions relating to consent, providing healthcare professionals with a clear framework within which to operate. It ensures insofar as possible that the consent of a pregnant woman to an abortion will be true and fully informed. It...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I want to make several brief points on the amendment. The amendment specifies that the ultrasound shall be provided but it does not in any way confer responsibility on the woman to view the ultrasound. That is entirely optional. This is what happens in other jurisdictions, for example, a woman undertaking an abortion in the state of Ontario in Canada, where it is compulsory that the doctor...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: Very often the argument on the other side is that the woman's choice is being levelled forward but that argument could follow through here also. We are actually providing a woman's choice here. The doctors shall carry out an ultrasound but it is entirely up to the woman's choosing whether she wants to view the monitor. We are not making it compulsory in the amendment that-----

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: Choice can be selective, it would appear, when required to be.This amendment follows through on the only detailed analysis carried out in the aftermath of the referendum. That was a field survey carried out by Amárach Research in August 2018 and published in October 2018. The gender breakdown of respondents was 49% men to 51% women. It was carried out across social classes, age...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: I support this group of amendments and acknowledge what Senators have said. As for the rationale for these amendments, first, amendment No. 47 endeavours to reframe section 22(1) so that it provides a positive and substantive protection of freedom of conscience. The current section 22(1) states that nothing in the Bill obliges a doctor, nurse or midwife to participate in carrying out a...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: It is indeed, a Chathaoirligh, and I thank you.

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: This letter relates to conscientious objection in its totality. The person who wrote it is setting out her views. I am trying to air them. I have received hundreds of letters about this issue. I felt that this letter deserved particular attention by being read into the record of the House. It will stand the test of time. I hope it will protect the unspoken voices of midwives out there...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (Resumed) (11 Dec 2018)

Brian Ó Domhnaill: While I appreciate that, I would not like to devalue the authenticity or genuineness of the letter.

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