James Reilly (Dublin North, Fine Gael) | Oireachtas source

The amendments we are discussing - Nos. 13, 14, 24, 31 and 32 - would change the wording of sections 7, 8 and 9 of the Bill. The Bill as currently drafted reflects the policy requirement to implement the judgment in the case of A, B and C v. Ireland, which relates to accessible and effective procedures in relation to abortion only. The proposed change would not be desirable as it would bring a greater number of medical procedures under the Bill. The Senator read them out. One such procedure would be amniocentesis. Another such procedure could be the administration of a general anaesthetic.

The words "may be" would cause major problems. Senator Walsh has his legal advice. The Attorney General has taken the best advice available and given it to the Government. She has advised that the word "is" should not be replaced by the words "may be". I hope that clarifies things. I appreciate from what Senator Mullen has said that it will not be acceptable to him. I have to take the legal advice the Government gets from the highest legal officer in the land.

I would like to respond to Senator Walsh's contention regarding the exposure of doctors. It is very simple. If the doctor is acting within the law, he or she is protected under the law. If the doctor is acting outside the law, he or she will be subject to the law.

I would like to comment on what Senator Mullen said. I say this without rancour. The contention that a doctor would not do everything in his or her power to save a life is not really worthy of a response. It casts a slur on the doctors of this country who provide such sterling service and who come from a tradition of centuries - not just generations - of care and compassion for their patients. It is just not tenable. In fact, it is quite shocking.

I regret that I will not be able to accept the amendments proposing the replacement of the word "is" with the words "may be". I considered those words myself. I put the very points that have been made this afternoon to the Attorney General. She made it very clear that the use of the words "may be" would be most unwise legally, because it would have unintended consequences in the areas-----