Seanad debates

Tuesday, 11 December 2018

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

 

10:30 am

Photo of Colette KelleherColette Kelleher (Independent) | Oireachtas source

I am speaking in support of amendments Nos. 30 and 32. I have not spoken to a single community provider - a GP, the Irish Family Planning Association, IFPA, or Well Woman centres - who view section 10 on risk to life or health in an emergency as a mechanism they can use to waive the waiting period in certain scenarios or living circumstances. It will be interpreted as applying to urgent cases. The language in section 10 refers to immediate risk, which will take place in a hospital setting. I cannot understand the reason the Minister expects this provision to be compassionately interpreted by doctors when they are caring for vulnerable women to whom Senator Ruane movingly referred, particularly when there is a threat of criminal sanctions for any doctor who steps outside the provisions of the Act. I refer to someone living in direct provision. I know a centre in Cork where there is a bus service only once a week. If people cannot get the bus, they have to find money for alternative transport, but if they are living on €19 a week, they cannot afford that. The return bus fare from Cork to Bantry is more than €30. If someone is on limited income, a second visit to the doctor is not a feasible option.

With respect to domestic violence, a woman might be living in an abusive, controlling environment but her life may not be at immediate risk when she seeks a termination. In practice, however, those women might encounter major barriers in trying to return for a second appointment after the waiting period has elapsed. There are issues with cost, lack of public transport from direct provision centres and the need to explain one's whereabouts. We passed legislation on the offence of coercive control. The problem exists. Women are often prisoners in their own home. They are terrified of their husbands and afraid to look after themselves. That happens. It would be compassionate to allow doctors waive waiting periods in such living circumstances. That would ensure that women can access the care they need. I do not believe section 10 allows doctors to do that.

I would appreciate it if the Minister explained how he believes that will work in practice. If he can reassure us, we will listen to what he has to say, but I am concerned about that group of women in very difficult circumstances for whom a second visit to the doctor is a bigger barrier than it might appear on paper. I do not like the idea anyway. I would welcome its removal. However, we need waivers to ensure we do not take away the power from doctors to make that call. Doctors will know the needs of women in those circumstances.

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