Alex White (Dublin South, Labour) | Oireachtas source

As was explained on Committee Stage, the aim of the wording included in section 3(1) of the Bill is to ensure the three maternity hospitals and the large public multidisciplinary hospitals in Dublin which are not owned by the HSE will be included in the ambit of the operation of the Bill. Not to include these hospitals would have grave consequences for the safety of women in the Dublin region and beyond.

I understand the Senator has concerns about the possibility that the wording may leave open the possible future inclusion of private clinics. However, I assure him that this is not the intention of the Bill and the wording, as drafted, does not allow for this possibility. The names of all institutions which will be permitted to lawfully carry out the medical procedure referred to in the legislation have been listed in the Schedule to the Bill and any change to these provisions will be laid before the Houses of the Oireachtas. That is specifically provided for in the Bill. For these reasons, I do not propose to accept the amendment.

It is useful to look at the Health Act 2004. There is a reference in section 3(1) of the Bill to that Act which may needlessly be causing some concern. Section 3(1) states:

The Minister may by order, where he or she thinks it appropriate for the purposes of this Act, specify any institution managed by the Executive [manifestly, that is the kind of institution everybody has in mind and can give no cause for concern], or by another person pursuant to an arrangement entered into under section 38 of the Health Act 2004...

The Senator proposes to delete this latter part. I presume the Senator has looked at section 38 of the Health Act 2004 which states:

The Executive may, subject to its available resources and any directions issued by the Minister under section 10, enter, on such terms and conditions as it considers appropriate, into an arrangement with a person for the provision of a health or personal social service by that person on behalf of the Executive...

It is quite clear that any institution that might conceivably be involved will entirely be under the control of the executive, in the sense that it would be an arrangement entered into by it. There is literally no possibility, in view of the wording of the Bill, of the kind of circumstances and private institutions being provided for in the legislation. For that reason, there is no basis for the amendment. It is not required, based on what the Senator has advocated, and I do not propose to accept it.