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Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: The reason these amendments are being proposed is in response to the trans community who we must consult to ensure this legislation is fit for purpose. I share the concern expressed by Deputy Donnelly about a doctor sitting in a surgery, looking at the law and wondering what is allowed and what the risks are. It is a serious issue. We have the right to revisit this but in the meantime...

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: No one is attacking you.

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I am interested in the amendment. I first heard about this notion when it was put forward by a well-known businessman and I am curious about where it came from. Personally, and on behalf of my party, we are in the business of trying to ensure that we maximise universality. In fact, I wish that the Minister was more committed to universality than-----

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: -----but we will not argue that here. I urge the Deputy who proposed the amendment to consider the case of pregnant rape victims who live in direct provision, and tease out the potential consequences and hurt caused. The majority of people have spoken, we know the results of the referendum and there is going to be legislation. It is open to us to ensure that the services are available to a...

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I move amendment No. 14:In page 6, between lines 29 and 30, to insert the following: "Guarantee of access5. (1) The Minister for Health shall ensure that pregnant women may access abortion care in accordance with the terms of this Act in a safe and timely manner. The Minister shall be responsible for the provision and regulation of abortion care to the highest attainable standards. (2)...

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: As the Minister appears to agree with the intent and more or less the substance of the amendment, if I were to be smart I could ask that if there is nothing in the amendment that he is not going to be doing, what is the harm of including the amendment?

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: The Minister may have won a bet. The purpose of our amendment is to ensure that access is guaranteed. We clearly have a concern and other people outside of this process have indicated they may have a concern. I am personally happy to withdraw this amendment. I am not going to push the committee to a vote but I do reserve the right to submit something similar on Report Stage on the basis...

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I do not think so. Can we get technical advice on that?

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I have proposed a number of amendments to the section, the first of which seeks to put women at the heart of the legislation to ensure the choices they make are central to it. The use of language like "to intentionally end the life of a foetus" rather than to say "terminate a pregnancy" or, indeed, to use the word "abortion", which we seldom see or hear in this debate we have about abortion,...

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I move amendment No. 18:In page 6, lines 31 and 32, to delete “end the life of a foetus” and substitute “terminate a pregnancy”.

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I move amendment No. 21In page 6, line 35, to delete “end the life of a foetus” and substitute “terminate a pregnancy”.

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I move amendment No. 24:In page 7, between lines 2 and 3, to insert the following:“(4) Subsections (1) and (2) shall not apply to a medical practitioner referred to in sections 10, 11, 12, and 13, who act with their reasonable opinion formed in good faith that the termination of pregnancy carried out is carried out in accordance with the law.”. I am happy to withdraw the...

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I move amendment No. 26:In page 7, line 3, to delete “It” and substitute “Save in the case where a person is acting with explicit instruction from the pregnant woman, it”. I am happy to withdraw the amendment but we need to be cognisant of the legal action taking place in the North and to be informed by that. That must inform our discussions going forward but on...

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I move amendment No. 28:In page 7, line 4, to delete “end, or attempt to end, the life of the foetus” and substitute “terminate, or attempt to terminate the pregnancy”. We have had a fair amount of discussion on this. The Minister is more than acutely aware that some Deputies have difficulty with the language used in the section. On the basis of commitments...

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I move amendment No. 29:In page 7, line 7, to delete “for a term not exceeding 14 years” and substitute “for a term proportionate to the scale of the offence”.

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I support the idea of a review but I do not support the view that we should wait five years for it. It should be conducted either in line with the views of or in conjunction with the members of the health committee at the time, whoever they may be. The Minister has acknowledged that five years might be little long. There is a proposal for two years. We could settle on two and a half years.

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: If we were to settle on three, however, we would have to start the collection of data and have the work under way so the actual review would take place at that stage, and not talk about the parameters for a review. There is a bit of scope in this regard but there should most definitely be a review. It has to be based on the collection of data, and the data collected have to be more...

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I had requested that the collection of data would start in advance of that period so that we are ready to review the actual operation. If we commence the job of collecting the data in three years' time, then it could actually be four years or possible five years. The collection of necessary data would start one year before that, if required.

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I am simply saying that it is better not to wait three years before we start collecting data and analysing it.

Select Committee on Health: Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage (6 Nov 2018)

Louise O'Reilly: I have spoken to doctors and I do not think they are looking for legislation, but that they do want it defined. Perhaps the ones I am talking to are not the same as to ones to whom the Minister is speaking and perhaps we should swap over. It makes more sense for the definition to be in the guidelines rather than in legislation. The wording should be changed to say "will be provided for in...

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