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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: It would not be in section 8 because that is the emergency.

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 write to the Deputy to explain what the construct is. It is constructed in a different way because in one case there is only a couple of doctors while in the other case there is a review team, so it is more specifically laid out there. The Deputy said it is only a technical thing. I do not have a huge problem with it.

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, we can look at it.

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 would technically include e-mail.

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 amendment represents a radical change to the Bill which is not acceptable. It is important to bear in mind that the treating team is under an explicit statutory duty to have regard to the need to preserve unborn human life as far as practicable. The Bill requires the treating team to have regard to the right to life of both the woman and the unborn in accordance with Article...

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: To fulfil the requirements for certification, the medical review process must mirror the specifications of the assessment under sections 7 and 9. Since an examination is required under those sections, the review committee must also carry out this examination to be in compliance with the principles of the legislation. On that basis, I cannot accept the Deputy’s amendment.

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 appreciate the validity of the Deputy's comments. Patient safety has to come first and in this instance the reviewer would have to come to see the woman and examine her.

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 concur.

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 would like to address the issue of travel by the review committee in the round. The underlying policy we have is that a patient should be seen as near to home as possible, at the lowest level of complexity, in order to save time and be efficient. That means the services are provided as near to the patient as possible. That underpins what we are talking about. Our policy is changing in...

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: In the case of a review under section 9 there would nothing to prevent a GP from providing his premises as a suitable place for a review to take place.

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: While I am conscious that the formal review process needs to be completed in a speedy manner in order to safeguard the right to life of the pregnant woman concerned, it is important to understand that the process requires the HSE, as convener of the process, to take a number of steps. The application for the review process needs to be assessed to ascertain the nature of the request and...

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: As the convenor of the review panel, the HSE needs to be able to ensure that all the requirements for the participation of medical practitioners in respect of the formal review process as set out in the Bill, for example, in respect to registration, qualifications and composition, can be complied with. In addition, colleges may not make any nominations to the panel and as they are...

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: With the best will in the world, I do not really agree. I come back to the point that the legal obligation is on the HSE and not on the colleges. We are offering the colleges the opportunity to appoint but we are not giving them the veto on it either. I will not be accepting the amendment. I hope the Deputy understands that but I cannot accept the amendment.

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: To correct what the Deputy said, the colleges are not regulating this and have no role in regulating it. What they have a role in is in providing guidelines for best clinical practice. The reason that is not in the Bill is because best clinical practice has no status in law. Second, it is clear under section 11(3) that the HSE shall, in addition to appointing medical practitioners duly...

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 have no further comment.

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.

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: If these amendments were accepted, we would end up with nobody being able to give an opinion on one side or the other.

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: A medical practitioner's ethical duty of care is already set out in the ethics guidelines published by the Medical Council, to which all medical practitioners registered on a special division are expected to adhere. These guidelines make specific provisions to ensure patients receive continuity of care, even where a medical practitioner decides to withdraw his or her services because of a...

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: Where medical practitioners have particular beliefs which render them unable to participate in a specific medical procedure, it does not necessarily follow that they should be disqualified from participating in a process which calls for their clinical judgment to be applied. In situations where they are being called upon to assess whether there is a real and substantial risk to a woman's...

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 thank everybody for their contributions. I know this is very difficult for a lot of people. As I said, for many other people it does not go far enough. I wish to address some of the issues raised, even though some Deputies have left the meeting. Deputy Naughten is quite right that suicidal ideation is frequent in pregnancy but the risk of suicide is very low - that is, one sixth the...

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