Katherine Zappone (Independent) | Oireachtas source

In light of the unfolding controversy about the abortion guidelines published by the Department of Health last Friday as well as the HSE's report on Ms Y's case, made public by RTE's "Prime Time" last night, I have some questions for the Minister for Health. As responsible law makers no doubt we all have questions for the Minister for Health. It is imperative that we are provided with an opportunity to raise them with the Minister in the Seanad as soon as possible. The people on all sides of the abortion debate deserve to have us, as public representatives and law makers, spend our time facing head-on whether our law-making is adequate, effective and whether it holds its intended impact, especially with a law as fresh as the Protection of Life During Pregnancy Act.
On Friday last when he was commenting on the publication of abortion guidelines the Minister for Health was reported as saying:

One thing I know as a doctor is that medicine is never black and white and I know as a legislator that legislation can never be black and white. It is never going to be possible to create guidelines that provide absolute clarity.

My first question to the Minister is: Why not? I have trawled through the guidelines and, although I am not a medic, I do not believe the issue is clarity. With due respect to our Minister - it is great to hear such a straight talker - I do not believe it is a matter of clarity. If the Leader would, please, invite him here as soon as possible the following are my questions. The law we have made says clearly that a pregnant woman's assessment is on the basis of "risk of loss of the woman's life by way of suicide". Why do the guidelines state that what must be assessed is the risk to the woman's life arising from suicidal intent? Suicidal intent, as a technical term, means someone must be planning an immediate act of self-harm. While very clear, does this guideline not restrict the risk to a woman's life more than our law intends? Another section of the guidelines, namely 6.4, states that an early delivery by induction or Caesarean section is permitted under the Act. Why was this not part of the draft guidelines in July? Why in legislation with the intent to make abortion legal when a woman's life is at risk do we now have guidelines for delivery?

We cannot shirk our responsibility as law-makers. Parliamentary debate on these issues should not be silenced.