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

Alex White: The amendment concerns the provision of facilities for the intensive care of newborns in appropriate institutions under the terms of the Bill. As was discussed on Committee Stage, it is not proposed to accept this amendment for the reason that it is not necessary. I am confident that if a newborn infant requires intensive care facilities anywhere in the State, nothing in the provisions of...

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

Alex White: As was explained on Committee Stage, the aim of the wording included in section 3(1) of the Bill is to ensure the three maternity hospitals and the large public multidisciplinary hospitals in Dublin which are not owned by the HSE will be included in the ambit of the operation of the Bill. Not to include these hospitals would have grave consequences for the safety of women in the Dublin...

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

Alex White: I do not want to say too much more, other than to object to the Senator or anybody else seeking to impugn an exceptional public servant, the director general designate of the HSE, for whom the Minister for Health and I have the highest regard. He is a person of very high integrity and professionalism and I object to the manner in which the Senator has sought to traduce his name.

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

Alex White: I have nothing to add.

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

Alex White: As Senator Keane said, if one looks at the way these amendments are worded, they constitute a blanket exclusion of civil or criminal liability for negligence in respect of circumstances where a viable infant is delivered. It is an extraordinarily severe and strong blanket exclusion of liability that one could conceivably not adopt. Adopting this amendment would also exclude liability in...

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

Alex White: Those are the Senator’s words.

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

Alex White: It is not a good idea to support the kind of presumption inherent in this proposal that doctors would act otherwise than in accordance with best professional standards.

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

Alex White: These are standards upon which we rely and are upheld by the professional colleges. They have been upheld in a way that gives us good reason to rely on them over many generations. At the risk of inflaming some of the points made again and again regarding the overall thrust of this Bill, I must say it is manifestly untrue to state it gives the mother priority over the baby and that only the...

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

Alex White: The purpose of the Bill is not to regulate obstetric procedures, such as the delivery of a viable premature infant, or to change the law of negligence in relation to the practice of obstetrics. I cannot accept the proposed amendments. However, I would observe that normal cover for medical practitioners, through their professional regulatory mechanisms, would apply in such situations. I am...

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

Alex White: That question is not germane to this legislation. Most doctors are covered by professional medical insurance. I presume they all have it, so that is the position. I do not know whether the Senator is seeking a broader discussion on medical negligence and professional medical cover but it is not germane to this legislation. It is a general topic of interest but it is not a matter that...

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

Alex White: Amendment No. 19 proposes widening the list of medical practitioners permitted to carry the medical procedure at issue in the legislation. However, other than in an emergency, a termination of pregnancy should be carried out only by an obstetrician or gynaecologist. This strict provision is to ensure that the procedure will be carried out only by highly skilled, qualified and relevant...

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

Alex White: The Senator is incorrect if he believes that, in an emergency, the ability to carry out the procedure would be restricted to an obstetrician and gynaecologist. Section 8 provides that the procedure should be carried out by medical practitioner. Oncologists, respiratory physicians and others who may be involved in the care of the pregnant woman were mentioned. Nobody should be concerned...

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

Alex White: I have nothing further to add.

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Alex White: Might I request approval from the House that two minor technical corrections be made to the Bill in addition to those that have been considered?

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Alex White: I would appreciate that. I emphasise these are simply minor technical corrections to correct two typographical misprints in the Bill. The reference in section 14, to "column (3) of Part 1", should read, "column (4) of Part 1", and the reference to in section 15, to "column (3) of Part 2", should read, "column (4) of Part 2". I would request that these corrections be made.

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Alex White: I will have to get back to the Senator on that.

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Alex White: Group 9 concerns amendments to the Personal Insolvency Act 2012 in regard to the process and procedures governing those situations where a variation of the terms of a debt settlement arrangement or personal insolvency arrangement is requested. We are dealing with amendments Nos. 19 and 23 in that regard. Amendment No. 19 concerns section 82, variation of a debt settlement arrangement, and...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Alex White: This is the final group of amendments. It concerns amendments Nos. 25 and 26 which relate to regulation of personal insolvency practitioners. Amendment No. 25replaces the current section 161 of the Personal Insolvency Act with regard to the making of regulations relating to the activities of persons authorised to be personal insolvency practitioners. The changes to the section, while not...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Alex White: When this issue was raised in the House by Senator Jillian van Turnhout and others, the Minister lent his support to the view that the matter should be dealt with as speedily as possible. He pointed out that the issue was complex and did require careful consideration to ensure that any proposal, such as was canvassed at the time, would correctly balance the constitutional right of the...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Alex White: Group 4 concerns miscellaneous provisions of the Personal Insolvency Act 2012. There are two amendments, Nos. 8 and 20. Amendment No. 8 inserts a new section 21A in the Personal Insolvency Act 2012 regarding the retention of information by the insolvency service to the effect that, notwithstanding the Data Protection Act 1988, the insolvency service shall retain such information or data...

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