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Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: I will respond to the first three Deputies and we might return to the Deputy O'Donnell at the end. Deputy Ó Caoláin wants, in essence, to have one psychiatrist and one obstetrician rather than two psychiatrists. Deputy Boyd Barrett raised the same issue and said that the expert group had mentioned two psychiatrists as one of the options. The group also mentioned one...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: We are talking about two different circumstances. Reasonable opinion is mentioned in my amendment under subsection 1(a)(ii).

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: Reasonable care is a different matter because the patient is already in a clinical setting and a decision has been made.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: I understand the Mental Health Act refers to a person who has been committed against his or her wishes, or involuntarily, to a mental health institution and who disputes the right of the clinician to have made that decision. Therefore, its reference to "reasonable care" is appropriate because the person is "in care". My amendment in today's Bill is about forming an opinion for the purpose...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: Deputy Seamus Healy raised the issues of an inevitable or immediate risk to a woman's life and the possibility of having two rather than three doctors involved in the process. I have made my position clear on these matters. This is a subjective assessment as there is an absence of biochemical and physical markers. We believe, and it is a Government decision, that there should be two...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: I will deal, first, with Deputy Michelle Mulherin's concerns. It is no harm to reiterate that I intend to introduce amendments to these sections on Report Stage. The amendments will not change the substance of the sections but will make it clear that the life of the unborn is to be protected in all instances, as well as that of the mother. Deputy Michelle Mulherin presumes that a woman who...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: Yes, I had.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: I take on board what Deputy Ó Cuív has said. Deputy Shortall has raised the issue of a lack of legal protection for the psychiatrist. While the Minister of State, Deputy White, can deal with that matter in a more comprehensive fashion, it is dealt with in normal practice in good faith. No one can predict with certainty the outcome of a psychiatric condition and sadly, there is...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: The obstetrician will be there not to assess the level of suicidality in a woman or the risk of suicidal intent, he or she will be present to vindicate the rights of the unborn. This follows directly from Article 40.3.3° of the Constitution and it is why the legislation is called the "Protection of Life During Pregnancy Bill". It is not the protection of maternal life during pregnancy...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: I will go through the questions in order. Deputy Boyd Barrett has left but I believe I answered his questions in any event. In the interests of absolute clarity, if Deputy Mulherin checks the record she will discover that I did not use the term "emergency decision". Part of my argument as to why it would be neither tenable nor permissible to include a cooling-off period is that this would...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: What I am trying to say is that as things stand, and as clearly demonstrated by the X case, it is open to a doctor to perform a termination if she or he believes, in good faith, that it is the only treatment that will avert the threat to the life of the mother. That can happen now. We do not know if it is happening, how often it has happened or where it is happening. There is no onus on...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: Some degree but not the degree.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: It is important to point out that this is a medical responsibility and that it is the clinical call of the doctors. We cannot legislate for that. We are back to being prescriptive and interfering in medical practice and into that dangerous territory into which I do not want to go as a Minister. I know what the reaction of members of medical profession would be. They have to do their job...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: I can answer that in one sentence. Yes.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: Will the Deputy repeat the question because I am not clear on what he means?

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: What exactly does the Deputy mean?

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: Deputy Ó Cuív spoke about the amendments I might table on Report Stage and asked whether I could enlarge on them. I cannot at this point. Deputy Timmins spoke about implementation of the legislation, conscientious objection and the comments by the master of the Rotunda. The reality is I met the Institute of Obstetricians and Gynaecologists and that is not its view. I respect...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: That is not something I can answer immediately but I can check that out and come back to the Deputy.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: That is not an explanation. The question was how many.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

James Reilly: That I can answer straight away. That is the purpose of this Bill. The reason they had to travel is because there is no clarity. They had no way of knowing how to access the service.

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