Jim Walsh (Fianna Fail) | Oireachtas source

I move amendment No. 1:

In page 6, between lines 38 and 39, to insert the following:
" "stillborn child" means a child who, at birth, weighs not less than 500 grammes or has a gestational age of not less than 24 weeks and shows no sign of life, and "stillbirth" shall be construed accordingly. These also include an unborn child who dies in the womb of the mother due to death of the mother but otherwise meets the weight or age criteria herein;”.

I welcome the Minister of State to the House. We had a long debate on this issue on Committee Stage last week when the Minister of State undertook to meet me. I thank him for that meeting during which he and I had an open discussion on the issue that arises in this context.
I propose the amendment in response to the Committee Stage debate during which the Minister of State indicated that the World Health Organization had a view on stillborn children and there was, therefore, some reluctance to act as such a decision could have ramifications. Having examined the issue and taken some advice, we have left the definition of a stillborn child. The amendment defines a stillborn child as "a child who, at birth, weighs not less than 500 grammes or has a gestational age of not less than 24 weeks and shows no sign of life, and "stillbirth" shall be construed accordingly." This reflects the definition in the legislation. However, it also extends the definition of "stillborn child" to include "an unborn child who dies in the womb of the mother due to death of the mother but otherwise meets the weight or age criteria herein".
The proposed change does not interfere with the register or with stillborn remaining as a provision in the Act. What we are doing is seeking to respond to a highly unfortunate case, one of many where these regrettable circumstances have arisen. These cases are clearly very difficult for families to contend and cope with. In this and other cases, they are seeking to have their daughter, granddaughter or niece recognised by being included on the register. This is a principle to which one would expect families to be entitled when one considers that a stillborn baby is so registered and its parents have, if one likes, at least some comfort that the State has recognised the existence of their child. I understand that where a pregnant mother will die, perhaps as result of trauma sustained in an accident, but survives for a period that is sufficient for the child to be removed, albeit dead, from the womb, the child will be registered on the stillborn register. There is, however, no legal provision for registering a child on the stillborn register where the mother dies before the baby has been removed. While I am aware of cases where coroners have issued certificates in order that the death of a child could be registered, I am informed that the law does not provide a legal basis for doing this. The amendment proposes to address this anomaly.
There is a growing awareness in jurisprudence of the need to recognise circumstances such as those I have outlined. A court of appeal in Northern Ireland recently ruled that a coroner could hold an inquest into the death of a baby who was stillborn in Altnagelvin Hospital. This was a ground-breaking decision in terms of recognising the unborn by registering a death. The case in question was taken by the Attorney General for Northern Ireland who had failed to secure the decision he sought in the lower courts. I understand his successful appeal relates to section 18 of the Coroners Act 1959 of Northern Ireland.
That jurisprudence in this area is evolving is another reason for addressing the issue. It is reasonable to expect that those who have been bereaved and left behind in the tragic circumstances I have described - parents, grandparents and siblings - would, by virtue of the issuing of a death certificate, receive an acknowledgement that the baby existed.

It is for that reason that I am making this case to the Minister of State. From our discussions on the last occasion and our discussions in the Minister of State's office, I think that he is sympathetic to the arguments being made.

I know that in all such situations, there are always concerns about the consequences if we do this. However, the amendment is very clear. First of all, it recognises that the mother has died so it is a situation where the mother has died and where having been removed from the mother, that baby meets the same criteria as currently exists for stillborn babies - either the weight or age of gestation at least matches the minimum in current legislation. I have to say that I find it difficult to envisage circumstances where there would be other ramifications because it is very specific. The mother must have died for whatever reason and the baby in the womb, which obviously is dead otherwise this issue would not arise, meets either a weight or a gestational period criterion which already exists in our legislation. I make a strong appeal to the Minister of State to accept this particular amendment, which may be the easier of the amendments to accept. It is very clear and possibly brings about the least amount of change to existing legislation. I look forward to the Minister of State's response.