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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)

James Reilly: Yes. That absolutely will not happen because, in such a case, the particular test that is the basis of the legislation has not been met, namely, that a termination can only be mandated where it is the only treatment which will avert the risk to the life of the woman. If there are other treatments available which the doctor believes in good faith would avert that risk and the woman refuses...

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

James Reilly: On Deputy Richard Boyd Barrett's question, I reiterate that it is not my role to prescribe what doctors should do. That is not my role as a Minister and it would be a dangerous road for us to take to prescribe to doctors what they do. I believe the intent here is to ensure that all means of dealing with the problem are explored. However, once we start specifying the use of specific words,...

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

James Reilly: Of course. I understand the intent and do not have a problem with it, but I have a concern regarding the wording. As Deputy Boyd Barrett commented, we cannot seem to be prescriptive to doctors or cannot be seen to direct them as to how to do their business. That is not a wise route to take. In regard to the question on the guidelines, there will be guidelines and they will be published...

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

James Reilly: Absolutely, but it will not be published.

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

James Reilly: I will allow the Minister of State, Deputy White, to comment on this too. My understanding of "in good faith" is that it has quite a bit of law around it. With regard to making a medical decision without full knowledge, that is medical negligence. It is medical negligence if a doctor is not up to speed with what is best practice and with modern day practice. We do not need to go back...

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

James Reilly: Not to define it, but to elaborate on it.

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

James Reilly: We are told that "best clinical practice" and "best medical practice" have no legal status. Therefore, including them would undermine the "reasonable opinion". That is the stark and simple advice, but that is what it is.

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

James Reilly: It has no legal status.

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

James Reilly: Absolutely.

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

James Reilly: I defer to my learned friend.

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

James Reilly: Yes.

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

James Reilly: To reiterate, the expression "in good faith" has a certain amount of law built up around it. Some people say the term is not used any more in certain areas, but the Attorney General's advice is that it has got meaning with law and that there is law around it. However, there is no law around the term "best clinical practice". That is why it has been left out.

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

James Reilly: I am aware of Deputy Mulherin's concerns in this regard and I understand them. I have been reflecting on this. When we talk about clinical research we talk about a more objective base. That can often be to do with clinical research around medications and how they work. However, clinical research around assessing suicide is subjective. I do not believe that referring to it in the context...

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

James Reilly: I know people are looking for as much certainty as they can have in this difficult area. I have to say that psychiatrists are informed by best practice. We have explained that a provision to that effect is not in the Bill because it does not have any legal standing. Psychiatrists will also have to be performing "accepted practice", as accepted by the Medical Council, which is informed by...

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

James Reilly: I was just saying that psychiatrists will be informed by best practice. We know we cannot include a definition of "best practice" in the legislation because it has no legal status at the moment. They will also work in accordance with "accepted practice", as defined by the Medical Council, which is informed by the College of Psychiatrists of Ireland. I think there is a great deal of...

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

James Reilly: Despite being a doctor, I cannot cite any such studies. I do not profess to know of all the studies that have been carried out in this area. I know there are many studies to show that women have suffered depression following terminations and have suffered depression before terminations. I know of very few studies of women who have come forward to say they have had terminations and feel...

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

James Reilly: I move amendment No. 8: In page 7, line 6, to delete "section 7(1)(b)" and substitute "section 7(1)(a)".I am proposing these amendments for the purposes of clarity. The substance of the provisions in section 2 - and indeed sections 7, 8 and 9, in respect of which I am proposing similar amendments - will remain unaltered. As I wish to ensure it is crystal clear to all concerned that the...

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

James Reilly: I move amendment No. 9: In page 7, line 8, to delete "section 9(1)(b)" and substitute "section 9(1)(a)".Following on from my comments on the previous group of amendments, I am proposing these amendments for the purpose of clarity. They do not substantially alter the substance of the provisions of this section. Further to the drafting amendments, I am seeking to switch the order of the...

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

James Reilly: This amendment aims to remove from the definition of appropriate institution those hospitals that are not owned by the HSE. The problem is that if we remove this wording it would exclude the three maternity hospitals in Dublin and the large public multidisciplinary hospitals in Dublin, which are not owned by the HSE, from the ambit of the operation of the Bill. This amendment would have...

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

James Reilly: Correct.

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