Results 7,701-7,720 of 21,128 for speaker:James Reilly

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: We are told that "best clinical practice" and "best medical practice" have no legal status. Therefore, including them would undermine the "reasonable opinion". That is the stark and simple advice, but that is what it is.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: It has no legal status.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: Absolutely.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: I defer to my learned friend.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: Yes.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: To reiterate, the expression "in good faith" has a certain amount of law built up around it. Some people say the term is not used any more in certain areas, but the Attorney General's advice is that it has got meaning with law and that there is law around it. However, there is no law around the term "best clinical practice". That is why it has been left out.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: I assure the Deputy that I absolutely accept the bona fides of his intention here. However, the legal advice is that it would be overly prescriptive and unnecessary to set the matter out in such a fashion. It is implicit in the Bill that what the Deputy is proposing will be normal and reasonable practice. There is no question of a situation arising where a person could attend two...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: The Bill is crystal clear that a termination will only be performed if it is the only procedure available to avert the risk to the life of the woman. If another option is available and the medical practitioner, instead of opting for it, proceeds with a termination, then he or she will be in breach of the proposed legislation. That is very clear.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: No.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: Yes. That absolutely will not happen because, in such a case, the particular test that is the basis of the legislation has not been met, namely, that a termination can only be mandated where it is the only treatment which will avert the risk to the life of the woman. If there are other treatments available which the doctor believes in good faith would avert that risk and the woman refuses...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: On Deputy Richard Boyd Barrett's question, I reiterate that it is not my role to prescribe what doctors should do. That is not my role as a Minister and it would be a dangerous road for us to take to prescribe to doctors what they do. I believe the intent here is to ensure that all means of dealing with the problem are explored. However, once we start specifying the use of specific words,...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: The criminal law covers that.

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: I need to address these points. Deputy Ó Cuív made a statement that the Bill is about clarifying the practice for doctors. It is not; it is about clarifying the law for them which will aid them in their practice. It is for them, their institutes and the Medical Council to prescribe what best practice is and to inform them, and there is an onus on them to be up to speed. We know...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: We are clarifying the law. I beg to differ. We have made that clear time and again. We are not conferring any new rights, nor are we taking any rights away from anyone. The European Court of Human Rights made it very clear that C was failed by this country because it was not clear to what she was entitled and how she could access it. We know from the medical profession that it is not...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: It is on page 6 in the definition of "reasonable opinion". It is defined "in relation to a medical practitioner or review committee, as the case may be, means an opinion formed by the practitioner or committee, as the case may be, in good faith which has regard to the need to preserve unborn human life as far as practicable".

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: I reiterate what I said, neither the mother nor anybody else has a right to terminate the life of a newborn baby, whether that newborn baby is at 26, 28, 32, 38, 40 or 42 weeks gestation. The law here is very clear. The psychiatrist must form an opinion that the risk to the woman's life can only be averted through a termination, not a destruction. It is a termination, not a destruction....

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: As Deputies Regina Doherty and Peter Fitzpatrick said, Article 40.3.3 includes the words "as far as practicable". They have to stay and I cannot accept that amendment. The test must be met. The test concerns the risk to the life of the mother, not suicidal ideation. It is not about meeting the need but averting the risk to the life of the mother. I am not able to accept the amendments...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: I point out to Deputy Healy who referred to a real and substantial risk to the life of the mother that such risk need not be immediate or inevitable. It is an important consideration when referring to the case in Galway. On Deputy Ó Caoláin's point, we are bound by the decision of the Supreme Court in the X case, the Constitution and the decision of the European Court of Human...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: Amendment No. 5 proposes to add text to the definition of "reasonable opinion" referred to in sections 7 to 9, inclusive, and 13 of the Bill. It refers to circumstances in which medical practitioners would make a decision on whether there is a real and substantial threat to the life of the woman. Given the requirements set out in Article 40.3.3°, practitioners must have regard to the...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (2 Jul 2013)

James Reilly: I have legal advices from the Attorney General, but it would be better for the Minister of State, Deputy White, to read them out, as he has been dealing with the more technical legal end of this.