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Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: I acknowledge that people have strong views, but every medical practitioner in the hospital system is committed to providing the best possible level of care for both the mother and the baby. Everything possible is done to protect them both. That should not be lost in the debate. It was clear from the evidence in the public hearings that they will do everything possible to protect both...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: No.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: I wish to refer briefly to this section because it is important to have clarification. Much incorrect information was given this morning in regard to the procedures for termination. The majority - 99.99% - of terminations involve the application of medication, not the procedure outlined by Senator Walsh, who is about 25 years behind the times in the description he gave yesterday, today and...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: The Senator is incorrect. He should speak to a consultant.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: Speak to another.

Seanad: Health (Amendment) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Colm Burke: I welcome the phasing in of these measures. It is important that the insurance industry is given time to respond to these changes, and I welcome the way the Minister of State and the Department officials have approached this matter. It is a welcome development.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: That is your version of events.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: On a point of order, I ask the Senators to adjourn this debate to a meeting of the Fianna Fáil Parliamentary Party.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: It does not.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: Within the legal profession, there is a view that sections 58 and 59 of the 1861 Act may be unconstitutional - the 1861 Act was introduced prior to the Constitution - in light of the 1983 constitutional amendment. Were this found to be the case, and if this Bill were not in existence to replace sections 58 and 59, we would have no legislation at all to make terminations illegal. This is a...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: This Bill is about when there is a risk to the life of the mother. It is not correct to talk about medical tourism on this issue. It will not arise. If people come here from abroad, they are under their own country's jurisdiction and they must go back and deal with the medical advice there-----

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: It is quite clear. The Bill is specifically dealing with a risk to the life of the mother. If people come here from abroad then they will have to go back to their own jurisdiction to have the matter dealt with in their own medical system. People have raised the possibility that we will suddenly have an influx of people but that is exaggeration.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: With this issue we have lost sight of the Bill which deals with what happens when there is a risk to the life of the matter. That is the only issue that is being dealt with.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: On a point of order, it is standard procedure in all legislation for Government Ministers to rely on the advice of the Attorney General.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: I support what the Minister has said. I have spoken to three practising obstetricians in this country today. They are incensed by what was said in this House yesterday as regards the procedure that was described. All three advised that the procedure described here yesterday is pre-1975. It is important that full clarification is provided on this matter as so much incorrect information has...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: These are three practising consultants, one of whom is Professor Robert Harrison. He asked that he be specifically quoted. He worked in England from 1973 to 1979. The procedure which was described here yesterday was not carried out in England in the time period he worked there. It is important that clarification is given.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: Name them.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: Incorrect.

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: Senator Mullen raised a particular issue. It is important to note that the level of litigation in medical negligence is highest in the area of obstetrics and gynaecology. Obstetricians are always remarkably careful in how they manage their patients and that will continue. The level of litigation is high in this area not because people intentionally go out to cause a problem but because of...

Seanad: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (18 Jul 2013)

Colm Burke: The Bill sets out clearly the procedures doctors must follow in sections 7 to 9, inclusive. The State Claims Agency deals with claims of medical negligence. The insurance is there for all of those involved who are working for the HSE or maternity hospitals. There is an insurance scheme in place. It is not just one person who is involved in the management of a patient. There are...

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