Alex White (Dublin South, Labour) | Oireachtas source

These amendments broadly concern the issue of viability. In making reference to a medical practitioner's reasonable opinion, the Bill places a statutory duty on each practitioner forming an opinion to have regard to the need to preserve unborn human life as far as practicable. This imposes a clear duty on doctors to make every effort to preserve the life of the foetus where possible. We had a discussion last night on what is meant by "where possible". A failure to do so would place a medical practitioner in breach of the proposed legislation and subject to its penalties.

The Bill does not impose any time limits on carrying out the medical procedure at issue with reference to the gestational stage of a pregnancy. The approach adopted provides protection for the unborn at all stages of pregnancy. This is because the legislation only covers situations in which there is a real and substantial risk to the life of a pregnant woman which can only be averted by termination of pregnancy. The limit of potential viability is subject to change as developments in medical treatments progress. It would be incorrect to legislate for a particular gestation limit as to do so could have the effect of depriving unborn life which has not reached that limit of protection.

Amendment No. 21 makes proposals regarding civil and criminal liability for negligence. As it is not the purpose of this Bill to regulate obstetric procedures such as the delivery of a viable premature infant or to change the law of negligence in regard to the practice of obstetrics, I cannot accept the amendment. It should be noted that normal cover for medical practitioners, through their professional regulatory mechanisms, will apply in such situations. Standard medical practice will provide appropriate mechanisms for the assessment and treatment of both the woman and the unborn. It would not be appropriate to include this or other details of medical treatments in legislation.

I have reviewed the information from Senator Fidelma Healy Eames on the matter of foetal pain and have consulted my own medical advisers and officials in that regard. Having done so, I am satisfied with the position put forward in the Bill. To reiterate, it is not intended that the legislation will be prescriptive in regard to clinical practice. Clinical decisions, including the provision of pain relief, will be taken by the clinical team involved in line with evidence-based international practice. For these reasons, I do not propose to accept the amendments.

If colleagues consider it helpful, I will reiterate the response the Minister gave to Senator Healy Eames yesterday in respect of the various studies she quoted in the course of the debate. I am happy to do so.