Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

The question over this section is what value one places on life. Sections 58 and 59 of the Offences Against the Person Act 1861, which have protected the life of the unborn child for many years, are being repealed. Nothing should interfere with the 1861 Act. A fine or 14 years in prison will be the penalty for deliberate destruction, but doctors will be exempt as long as they have filed the necessary paperwork. What if that paperwork is delayed or, worse, falsified due to people being overworked? Will it be fines for doctors and specialists and prison for nurses and midwives, depending on how easily they can be replaced in their workplaces? This question has been asked by health professionals across the country, particularly in the designated hospitals outlined in the Schedule. Even if it was found that a doctor deliberately ended the life of a baby in an avoidable scenario, he or she would probably only be fined. I am unsure whether the Heath Information and Quality Authority, HIQA, would follow through and be keen to lose a doctor or specialist for 14 years, given the financial constraints within the health sector as well as the pressures stemming from the moratorium on recruitment.

What if a court case is taken years later when a mother who lost her baby decides to sue because she believes the course of action decided on by the doctor was not the best one? The baby could have lived had a different course been taken.

Has a financial analysis of the legislation been conducted as regards its cost to the State? A financial breakdown is not apparent.

The removal of the protection for unborn babies provided for by sections 58 and 59 of the 1861 Act is a step too far. I cannot leave this section of the Bill unchallenged. I would appreciate it if the Minister of State could reply to the points raised - for example, the taxpayer's exposure to cases. Inevitably, mothers will take cases against the State in years to come. Has the taxpayer's exposure been factored into the equation?