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Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I agree with the Minister's last point. In fact, one of the main problems with the legislation is that it is very difficult to foresee every situation that might arise. However, the principle I am trying to establish is quite simple, namely, that where there are two equally effective ways of dealing with a threat to the life of a woman, one of which would result in the loss of the life of...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: Will the Minister clarify another issue that has come up in this debate which is especially pertinent in the case of persons who present with suicidal ideation? In circumstances where a doctor believes there is a more effective remedy than termination but the patient refuses to accept that remedy, can the doctor then sign a certificate to mandate a termination?

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: Is the Minister saying that as an absolute?

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I would think that it could equally be presumed that a doctor should act "in good faith" at all times. However, that is being put into the Bill as a specific requirement. I would have accepted it as a given that if one is a medical practitioner, one acts in good faith at all times when making decisions, but it has been included specifically in the Bill. There are legal subtleties to this,...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: Briefly, the point is that if one includes "in good faith" for reassurance, a similar reassurance would be given if everything had to be done according to "best medical practice" or some equivalent or according to "Medical Council" guidelines.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I move amendment No. 7: In page 6, line 31, after "practicable" to insert the following:"and where such opinion if formed on substantial medical grounds having carried out an assessment of any real and substantial risk to the life of the woman in the light of clinical research and having regard to the necessity, proportionality and justification for any such procedure in the clinical...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I intend to propose this amendment again on Report Stage.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I move amendment No. 10: In page 7, between lines 19 and 20, to insert the following:"(4) Any medical practitioner involved in the treatment of a pregnant woman is obliged, subject to the provisions of this Act and the right to life of that pregnant woman, to safeguard the unborn and, where it is potentially viable outside the womb, to make all reasonable and practicable efforts to sustain...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: That is okay.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I move amendment No. 11: In page 7, lines 22 and 23, to delete “, or by another person pursuant to an arrangement entered into under section 38 of the Health Act 2004”. This amendment seeks to limit the place where any of these procedures could be carried out to an institution managed by the HSE and to make it impossible for it to be done in private institutions.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: Will the Minister confirm for everybody with any concern about this, that the Schedule at the back of the Bill is part of the Bill and cannot be changed without legislation?

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I thank the Minister for that and for the clarification. That issue has been put to bed.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: As far as I know, this was initially in the Bill we introduced at the time of the previous referendum. I refer to the concept we are talking about here: significant medical centres that are publicly funded, whether directly or indirectly, and that provide a wide range of services. It would not be possible under this law to have specialised clinics that would deal with terminations only....

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: Meaning no disrespect, does the Minister know what section 89 of the 2007 Act states? I am sorry. Maybe I should have looked up the reference.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: Will the Minister make it available to me?

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: A similar issue arose on the Animal Health Bill. We have a problem with regulations being made all the time. They are signed and there is the negative idea that one does not annul them. I made a suggestion on that Bill somewhat similar to the one made by Deputy Denis Naughten, but with a variation, that before regulations could be signed by the Minister, draft regulations be brought before...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I may be mistaken, but I thought it was also said one could add to the list of hospitals by regulations.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I thought-----

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: I understood the Minister to say that if he wanted to change the Schedule to the primary legislation, he could do so by order or regulations.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

Éamon Ó Cuív: We all know what happens in the laying of regulations. My experience of laying regulations before the Houses of the Oireachtas is that because they are not brought before a committee or dealt with in a plenary session of the Houses, many Deputies have complained during the years that they missed regulations because of the hundreds of documents placed in the Oireachtas Library. In the case...

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