Alex White (Dublin South, Labour) | Oireachtas source

The Senator is incorrect if he believes that, in an emergency, the ability to carry out the procedure would be restricted to an obstetrician and gynaecologist. Section 8 provides that the procedure should be carried out by medical practitioner.

Oncologists, respiratory physicians and others who may be involved in the care of the pregnant woman were mentioned. Nobody should be concerned about any constraint on those professional people carrying out their function in a professional way, as they always have done. There is no suggestion that they would be constrained. The provision concerns the person who carries out the procedure. There is no restriction, nor should there or could there be any restriction, on the professional people involved in the care and treatment of a pregnant woman, such as an oncologist, respiratory physician or heart specialist.

Sections 7 and 9 provide for the involvement of the second medical practitioner in the certification process. I refer to somebody with a relevant specialty. If an issue arises, perhaps relating to cancer, the oncologist might well be the second medical practitioner with the relevant specialty. It could be a cardiologist or one of any number of professional people involved in the certification process. They would be required to certify jointly and be present and involved.

The provision in question is concerned with the actual carrying out of the procedure. It makes it lawful. It is appropriate that the procedure be carried out by a highly skilled medical practitioner. I am not saying that medical practitioners in general are not highly skilled, but that they have specific and different skills.

Notwithstanding what was contained in the heads of the Bill and earlier drafts, the Government is clear that the appropriate provision in the legislation should be that the procedure itself should be carried out by an obstetrician. For that reason, I respectfully say that we do not propose to accept the amendment.