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Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: I welcome the Minister. First of all, it has to be said there is not a huge amount of detail in the Minister's opening statement. It is disappointing. We have not learned anything new in terms of detail from what the Minister published nine months ago on the three strands of this review. If I can get straight into it, the Minister said the terms of reference are published today. I just...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: It has not gone up yet. Would it not have been better for the terms of reference to be published earlier so that when we met the Minister we would be informed of what the terms of reference were? We are meeting today blind. We can have a discussion but we do not have the terms of reference. They are not up on the Department's website and yet we are having a discussion today. The terms of...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: This is my time. If the other members agree, the time could be stopped and the Minister could share them with us. I do not want to eat into my limited ten minutes. I will leave that to the other members and the Chair.

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: The criteria on the expertise of the individual are what are important. The individual should have expertise in sexual and reproductive health and a background in human rights. This is what many of the organisations have been looking for. This is the question we would like answered before we proceed.

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: I am happy to proceed.

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: I will take up the point the Minister made on the criteria. I know from the submissions the committee received from the Abortion Rights Campaign, ARC, the National Women's Council of Ireland and many more organisations that the role of the chair will be very important. It is important that the chair would have expertise in sexual and reproductive health and in human rights. Will this be...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: Very quickly.

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: It is important that the person not only has a legal background but also has a background in human rights and a medical background with a specialty, I hope, in sexual and reproductive health. With regard to the various phases, the Minister said that phase 1 will be initiated now. What is the timeframe for this phase? Why is the independent chair not in place for phase 1? It seems the...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: I will get to phase 2 in a second. What is the estimated timeframe for phase 1?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: Will phase 2 kick in as phase 1 is happening or does it have to wait for phase 1 to conclude?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: My next question is on phase 2. This is an important phase. The Minister stated that the review will in the first instance will focus on the operation of the legislation rather than on the policy underlying the Act. Does this mean that at no point will the review look at the policy underlying the Act?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: I want to go through a number of issues to get to the nub of this. ARC, the National Women's Council of Ireland and others are seeking a discussion on the repeal of the mandatory three-day waiting period. Would this be deemed to be outside the scope of the review?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: I understand the point. It sounds like a bit of a "Yes Minister" answer and I understand the distinction the Minister is making. Extended time to access abortion is an issue that has been raised by many organisations. In looking at a review process which must be independent and must put women and people who are seeking to avail of the service front and centre, if issues like repeal of the...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: Okay, I get that. My last two questions relate to conscientious objection and abortions in hospital settings. How many of the maternity hospitals are not providing abortion services?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: The Minister might send a note. I go back to the previous issue I raised about the operation of the Act. The Minister has explained the main purpose of the review is to look at the operation of the Act as opposed to the policy which underpins it. The submission from the Abortion Rights Campaign states that the review should look at the substance of the law, the associated guidelines and...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: If the review demonstrated that that three-day waiting period caused difficulties for women, I presume that would be deemed to be suitable to be part of the review.

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: I will make some quick points. I thank the Minister for his response to the earlier questions. We have covered a lot of ground. It would have been better, as I said, had the independent chair been appointed prior to or in tandem with the roll-out of the first phase. I appreciate the Minister's response but for greater coherence, it would have been much better had the chair been involved...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: What happens if recommendations that flow from the operation of the Act have policy implications? I presume that the Minister's response will be that it is a matter for the Oireachtas and the Government and I know that the focus will be on the operation of the Act. Is it possible that there may well be recommendations that require a policy shift?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

David Cullinane: We should receive a detailed note on precisely what each of the maternity hospitals are providing and also on what are deemed partial services. I return to the issue of conscientious objection, which the Minister raised, and geographical barriers to access. I understand the law is very clear here. Individuals may object conscientiously; institutions may not. That also needs to be part...

Health Insurance (Amendment) Bill 2021: Second Stage (7 Dec 2021)

David Cullinane: I am sharing time with a number of colleagues. Sinn Féin will support this Bill, as we always do. It is an annual Bill to renew the risk equalisation mechanism that supports the community-rated health insurance market. The Bill revises the stamp duty levy on policies and the risk equalisation credits payable to insurers for 2022. It is a self-funded system. The Bill also provides...

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