Seanad debates

Monday, 10 December 2018

Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage

 

2:00 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

That is fine, I will be very brief. I think my colleague has said that we are not simply talking about symbolic things here and sending a signal and the heads of the Bill and what we promised the people. We are talking about very real situations for women and their health and that is where we are coming from. I would point out again that my colleague, Senator Ruane, ensured we would have an extra day so that we still have time to move forward in a timely way but that we are able to debate and progress these issues and make changes if they are needed and send them back to the Dáil.

I accept the decision of Senator Ruane to withdraw the amendment and to perhaps return to it on Report Stage. I note that, in respect of the guidelines, there are key concerns, as was said, as to issue of the subjective opinion. We are almost back to that point of consultation and the view of the woman. There have been situations in the past, no more than in symphysiotomy and other situations, whereby what was determined by doctors to be serious was not. For example, does the definition relate to the health of the woman and her ability to live a healthy and full life, or that she is able to perform reproductive functions in the future? We have had a very narrow interpretation of what is deemed serious in the past. That is a concern.

I would indicate to the Minister that I think the guidelines will be key. They ensure a clear responsibility of engagement with the woman or pregnant person in question. That will be key.

I also note that, as the Minister said, health legislation may be coming through. We have seen slippages in guidelines before, such as in bereavement guidelines where there were slippages, including in language. If there is a chilling effect and we do not have satisfactory guidelines, while we absolutely respect the roles of clinicians we, as a Legislature, will be coming back and we will not be waiting three years. The Minister can expect it sooner if that is the case.

It is not the case that pregnancy is a risk to health. Pregnancy has risks associated with it and it is important to be clear. There is a slight and important difference between those two things.

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