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

Colm Burke: It is a point of order, in that people are being traumatised by the kind of discussion that occurred last week.

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

Colm Burke: It was appalling.

Seanad: Order of Business (22 Jul 2013)

Colm Burke: I welcome Senator Naughton to the House. Speaking as someone who joined Cork City Council and the European Parliament half way through their terms, one can get double the amount of work done in that time. The Senator will find that her colleagues will provide as much help as possible. I look forward to giving her every possible assistance during her time in the Seanad. I welcome last...

Seanad: Order of Business (19 Jul 2013)

Colm Burke: Senator Barrett raised the important issue of medical negligence, and it is timely that this entire area should be reviewed because of the cost to the State and to consider what can be improved within the health service to reduce the level of mistakes made. The figures the Senator quoted are absolutely frightening, but the matter touched on during yesterday's debate, namely, the possibility...

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

Colm Burke: The Bill sets out clearly the procedures doctors must follow in sections 7 to 9, inclusive. The State Claims Agency deals with claims of medical negligence. The insurance is there for all of those involved who are working for the HSE or maternity hospitals. There is an insurance scheme in place. It is not just one person who is involved in the management of a patient. There are...

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

Colm Burke: They do not pay insurance premiums unless they are in private practice.

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

Colm Burke: Senator Mullen raised a particular issue. It is important to note that the level of litigation in medical negligence is highest in the area of obstetrics and gynaecology. Obstetricians are always remarkably careful in how they manage their patients and that will continue. The level of litigation is high in this area not because people intentionally go out to cause a problem but because of...

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

Colm Burke: I support what the Minister has said. I have spoken to three practising obstetricians in this country today. They are incensed by what was said in this House yesterday as regards the procedure that was described. All three advised that the procedure described here yesterday is pre-1975. It is important that full clarification is provided on this matter as so much incorrect information has...

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

Colm Burke: These are three practising consultants, one of whom is Professor Robert Harrison. He asked that he be specifically quoted. He worked in England from 1973 to 1979. The procedure which was described here yesterday was not carried out in England in the time period he worked there. It is important that clarification is given.

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

Colm Burke: Name them.

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

Colm Burke: Incorrect.

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

Colm Burke: On a point of order, it is standard procedure in all legislation for Government Ministers to rely on the advice of the Attorney General.

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

Colm Burke: With this issue we have lost sight of the Bill which deals with what happens when there is a risk to the life of the matter. That is the only issue that is being dealt with.

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

Colm Burke: This Bill is about when there is a risk to the life of the mother. It is not correct to talk about medical tourism on this issue. It will not arise. If people come here from abroad, they are under their own country's jurisdiction and they must go back and deal with the medical advice there-----

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

Colm Burke: It is quite clear. The Bill is specifically dealing with a risk to the life of the mother. If people come here from abroad then they will have to go back to their own jurisdiction to have the matter dealt with in their own medical system. People have raised the possibility that we will suddenly have an influx of people but that is exaggeration.

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

Colm Burke: Within the legal profession, there is a view that sections 58 and 59 of the 1861 Act may be unconstitutional - the 1861 Act was introduced prior to the Constitution - in light of the 1983 constitutional amendment. Were this found to be the case, and if this Bill were not in existence to replace sections 58 and 59, we would have no legislation at all to make terminations illegal. This is a...

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

Colm Burke: That is your version of events.

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

Colm Burke: On a point of order, I ask the Senators to adjourn this debate to a meeting of the Fianna Fáil Parliamentary Party.

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

Colm Burke: It does not.

Seanad: Health (Amendment) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (18 Jul 2013)

Colm Burke: I welcome the phasing in of these measures. It is important that the insurance industry is given time to respond to these changes, and I welcome the way the Minister of State and the Department officials have approached this matter. It is a welcome development.

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