Rónán Mullen (Independent) | Oireachtas source

I move amendment No. 8:

In page 9, to delete lines 4 and 5 and substitute the following:“(b) that medical procedure is carried out at an appropriate institution by--

(i) an obstetrician, or
(ii) a medical practitioner of a medical speciality in respect of which he or she is registered in the Specialist Division of the register, and which is relevant to the care or treatment in respect of which the risk of such loss arises, not being a psychiatrist or a general practitioner.”.

This amendment is designed to protect medical personnel other than obstetricians who legitimately give medical treatment under section 7 where such medical treatment might have the effect of ending the life of the unborn. As I said on Committee Stage, I had occasion to discuss this problem, which I believe is a lacuna in the legislation, in part with my friend and colleague Senator John Crown. My amendment would provide that in section 7 the requirement that the medical procedure be carried out by an obstetrician would be extended to include "a medical practitioner of a medical speciality in respect of which he or she is registered in the specialist division of the register, and which is relevant to the care or treatment in respect of which the risk of such loss arises, not being a psychiatrist or a general practitioner."

I am not an expert in this area but I am sure the Government has done its homework, or is in a position to do it between now and tomorrow. For example, an issue might arise with giving treatment for cancer that might put the pregnancy at risk of being still-born.

It seems this legislation changes the situation because it provides for the criminalising of the intentional destruction of the unborn, but it then defines what procedures shall be lawful. It is not talking about abortion but procedures to end a pregnancy.