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

James Reilly: It may be inconvenient for Senator Mullins but the truth is the truth.

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

James Reilly: My apologies.

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

James Reilly: The fact of the matter is that what we are legislating for is to bring clarity to a process of a determination. There is clarity around how the decision will be arrived at but not how the consequence of that decision should be carried out because that is to be prescriptive. There is no running away from that and no amount of language will cloud that or change that. That is why I will not...

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

James Reilly: I do not want to add anything as it will not change anything. However, I do not want the Senator to be misinformed or under any illusion. The draft regulations relate to forms, etc., not the clinical guidelines, which must be agreed by the colleges. I will not be enacting the legislation until the clinical guidelines are put in place. I must qualify that by saying I cannot be held to...

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

James Reilly: No.

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

James Reilly: It is not relevant to the amendment.

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

James Reilly: I am quite happy for the Senator to make his comment.

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

James Reilly: The amendments we are discussing - Nos. 13, 14, 24, 31 and 32 - would change the wording of sections 7, 8 and 9 of the Bill. The Bill as currently drafted reflects the policy requirement to implement the judgment in the case of A, B and C v. Ireland, which relates to accessible and effective procedures in relation to abortion only. The proposed change would not be desirable as it would...

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

James Reilly: It relates to the same thing. Is it not the case that the Senator is also proposing the replacement of the word "is" with the words "may be"?

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

James Reilly: I have just explained it.

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

James Reilly: While we are clarifying the record, Senator Jim Walsh has, on a number of occasions, described particular procedures in the context of the termination of pregnancy. He challenged me this morning to make a statement that these procedures will not be used under this legislation. I have spoken to the master of Holles Street and I am assured, as of this afternoon, that the practices Senator...

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

James Reilly: Yes.

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

James Reilly: I will give a brief response. In regard to legal advice, apart from the fact there is no tradition of the Attorney General sharing his or her advice, even on discovery of documents the advisers of one's attorney are not open to discovery. If I tell the Senator what I say is the advice of the Attorney General, he can be sure it is. If it was not, she would be very quick, and right, to...

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

James Reilly: I am astonished that we have spent so long on this section. It is utterly superfluous. Senator Cullinane has put his finger on it, concisely. What other way would a doctor form an opinion except using the clinical evidence in front of him or her? I am not accepting these amendments. They make no sense at all. They are utterly unnecessary. I do not think I need even read my note. I have...

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

James Reilly: The first number of amendments in this grouping, amendments No. 16, 17, 25, 26, 35, 36 and 55 are around the issue of reasonable opinion. These amendments would have the effect of deleting the words "as far as practicable". In regard to the latter, the words "as far as practicable" are taken directly from Article 40.3.3o of the Constitution, which states: "The State acknowledges the right...

Seanad: Protection of Life During Pregnancy Bill 2013: Report Stage (22 Jul 2013)

James Reilly: First, let us get the record straight. The idea that a foetus at 21 weeks could feel more pain than a newborn child is utterly unfounded. I know that is not part of this discussion, but several Senators have raised it. In 2005, a multidisciplinary systematic review of evidence in the Journal of the American Medical Association concluded that "evidence regarding the capacity for fetal pain...

Seanad: Protection of Life During Pregnancy Bill 2013: Report Stage (22 Jul 2013)

James Reilly: He is absolutely right that I cannot guarantee that, by the very lack of the Bill being in the Legislature we have no notification of the terminations that have taken place even though they are legal since 1992. We have no certification. We have no need for a second opinion. He also acknowledged that they do not take place. The Senator talked of torture but that implies the wilful...

Seanad: Protection of Life During Pregnancy Bill 2013: Report Stage (22 Jul 2013)

James Reilly: The legislation is all about respecting life, respecting the life of a woman and her unborn child and an attempt to save one rather than lose two.

Seanad: Protection of Life During Pregnancy Bill 2013: Report Stage (22 Jul 2013)

James Reilly: His respect is somewhat focused.

Seanad: Protection of Life During Pregnancy Bill 2013: Report Stage (22 Jul 2013)

James Reilly: Again, the Senator mentioned the scoundrels' charter seeking to denigrate the medical profession and carried on his theme from last week. I find his claims objectionable.

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