Fidelma Healy Eames (Fine Gael) | Oireachtas source

I move amendment No. 23:

In page 9, between lines 21 and 22, to insert the following:“(5) No procedure as defined herein where the result of such procedure is the delivery of a viable infant shall expose any medical practitioner to civil or criminal liability for negligence.”.

Amendments Nos. 23, 29 and 42 all relate to the issue of doctors' criminal or civil liability. On the basis that medical practitioners are taking this on board and that they will in good faith carry out all procedures where a viable infant is delivered in the course of such a procedure, I believe it is absolutely necessary that those doctors are indemnified against any criminal or civil proceedings against them. They will be saving two lives, rather than one. The risk - even if it is very small - of them being exposed to any liability in this regard is unacceptable. We want doctors to be able to carry out these procedures in the full knowledge that they will not be at risk of liability. There should be no ambiguity in the Bill whatsoever as to whether a doctor who saves both mother and child is exposed to liability.

Will doctors be indemnified against any criminal or civil proceedings against them in the context of such a procedure? We live in the real world. If a doctor is not indemnified against liability it may be easier for him or her if the baby died. We do not want that situation to occur because it would make the whole situation fraught. We want doctors to be able to practice in good faith under the oath that most doctors have taken, to do not harm. I look forward to the Minister of State's response.