Jim Walsh (Fianna Fail) | Oireachtas source

I thank the Minister for his response, particularly with regard to the proposal to replace the word "is" with the words "may be". His comments are not in accordance with the legal advice I have read. He said he had received advice from the Attorney General. I asked him this morning whether it would be possible for that advice to be made available in writing. I heard what the Minister said about medical operatives who act within the law being covered and those who act outside the law not being covered. I fully respect that. I think it is a good principle. The point I was canvassing is that the wording of the Bill obviously covers the doctor or the obstetrician in a situation in which the baby's life is ended, but does not seem to cover them in a situation in which the baby survives. They have got separate legal advice. The Minister will have to concede that at this level - where the baby has a disability - serious liability issues could arise.

I ask the Minister again to specifically point out the part of the Bill that covers issues related to doctors' liability and provides that doctors are operating lawfully in cases where a baby survives an abortion and is disabled. This would arise around the cusp of viability period we discussed.