Seanad debates

Monday, 10 December 2018

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

 

2:00 pm

Photo of Rónán MullenRónán Mullen (Independent) | Oireachtas source

As the late Jim Henson might have said, there is nothing like a comprehensive answer to a question and - it is not the fault of the Minister of State - that was nothing like a comprehensive answer to a question. She did clarify that the legal advice to which the Minister referred in the Dáil was that of the Attorney General. It is not the Minister of State's fault, she is only going by the Minister's notes, but we have not been given clarity on the matter I requested, namely, which obstetricians and which doctors were saying this.

I refer to all my questions about the existing Medical Council guidelines and whether the Minister could refer to a specific situation where the existing Medical Council guidelines which use the word "necessary" were found to be too restrictive or to have a chilling effect. This has not been answered. There was no answer as to whether it was current medical practice that the use of the word "necessary" must mean absolutely 100% necessary, as the Minister told the Dáil. If that is the case, there was no answer as to what negative effects this has had on obstetric practice. There has been no answer to whether the Minister can give an example of a case since the guidelines were revised in 2016 where a termination to save the life of a woman was refused because it was not necessary and where this judgment turned out to be incorrect and a life was lost as a result.That important question has not been answered. While I note what the Minister has said about seeking an amendment to the Medical Council guidelines now, I do not understand why, given that we have not been given any evidence that the word is problematic. We have the Minister's averment that the Attorney General said so and we have the vague reference to obstetricians. Perhaps the Minister, now that he is back, might give me the answers that I am asking for respectfully.

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