Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I very much understand where Senators are coming from on this and, to be truthful, it was the same space I was coming from in the original draft scheme I published. I went through the work of the Department of Health and we had not included reference to examination, for many of the reasons Senators have referred to and endeavoured to address through their amendments. These are reasons with regard to not wanting to use the language of the past and wanting to ensure it is very much about a woman's choice. However, after clinical and legal consultation and, crucially, after taking advice from the Attorney General, and we also had these debates in the Dáil, I am not in a position to accept the amendments and I plead with the Seanad to consider not pushing them to a vote at this stage but to engage with me further on the issue before Report Stage. This is legislation where every word matters and it is in an area where we know there are often challenges.There is a real onus on me as a Minister to advise the House of the viewpoint of the Attorney General and the clinical community with which I have been engaging. The process for accessing lawful termination of pregnancy services, by which a medical practitioner can ascertain whether a termination of pregnancy may lawfully be carried out, is set out in sections 9 to 12, inclusive, of this Bill. Apart from emergency situations, which are covered in section 10, the Bill clearly sets out the steps which must be undertaken by the medical practitioner in order for a woman to access termination of pregnancy in this country.

The medical practitioner must examine the pregnant woman, form a reasonable opinion in good faith, certify that opinion and, finally, carry out the termination of pregnancy. In order to form a reasonable opinion in good faith, the Bill is clear that a medical practitioner is required to examine the pregnant woman. Some of the amendments tabled, however, propose deleting "having examined the pregnant woman" and replacing it with a requirement to consult with the pregnant woman where possible. During the drafting of the Bill, the requirement for a medical practitioner to examine the woman was discussed, as I mentioned earlier, at length with the Office of the Attorney General and in some depth.

The Senators will be aware the Department had originally made no provision requiring the examination of a pregnant woman in the general scheme of the Bill published in March and July. The issue also arose and was discussed at some length during the passage of the Bill in the Dáil. I assure Senators that this is an area I have given an awful lot of thought to and, having thoroughly considered the matter, I am legally and clinically advised that the wording of the Bill, as drafted, addresses the necessary practical and legal requirements in a clear and consistent manner.

For example, changing the wording to refer to "consultation" with the woman could cause particular difficulty and confusion for medical practitioners in cases falling under sections 9 or 10 of the Bill. Those sections refer to situations where a woman may be so seriously ill that it may not be possible to discuss her care. I understand the amendment states "where necessary" but even that adds a degree of subjectivity into the Bill.