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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: 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.

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 why we have this Bill and why we are having this debate. It is to clarify these matters for the doctors and for the women who need these services in order that they know what they are legally entitled to and, most important, how to access it. That was the tenor of the C case in the European Court of Human Rights.

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: No.

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 was asked what happens to a child born at 30 weeks. The answer is that it will be same that happens at present if a child is born at 30 weeks. The child will be supported in the neonatal unit and go home with his or her parents or parent at the end. What happens, as I think Deputy Timmins was inferring, where the mother does not wish to bring the child home is that the child will be...

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: Before the Minister of State, Deputy White, comes in, if I may, there are the other questions. There is Deputy Mulherin's question on NAMA, which I was going to allow Deputy White answer because it is a technical, legal one, and then there is Deputy O'Donnell's one, which 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 1995 Act and the medical guidelines. On the medical guidelines, perhaps the chief medical officer might answer.

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: Okay.

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 I could beg Deputy White's indulgence to facilitate Deputy O'Donnell-----

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: -----this is a medical process, it is in process at present and there is no more to add until the medics come back with the guidelines.

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, but this will not be raised again.

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: 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: 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...

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