Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I cannot accept the proposals to include a separate section in the Bill that provides for the administration of anaesthetic or analgesic to a foetus.

Senator Mullen quoted extensively what I said in the Dáil regarding a similar version of this amendment, which was submitted on that occasion. As I explained in the Dáil, the purpose of this legislation is not to regulate the practice of obstetrics but is to set out in law the grounds upon which termination may be accessed. The regulation of obstetric practice is not done through this piece of legislation. If it were done, I am sure the Senator would be coming forward with many amendments about how to care for the woman, and how she should be dealt with in this situation, but the Senator has not. The Senator recognises that this Bill does not regulate obstetric practice. There is no treatment plan or care pathway for a woman in this legislation, nor for a foetus or indeed as we have discussed in previous amendments, for a newborn baby, as can arise in some of the situations we discussed earlier. There are, however, requirements in sections 9 to 12, inclusive, for medical practitioners to be of the reasonable opinion formed in good faith. This emphasises that doctors must maintain their professional standards and must uphold medical ethics. It is simply not appropriate to include compulsory care pathways or treatment plans in legislation, and we do not do this in health legislation. This type of detail is best set out in clinical guidelines rather than in primary legislation. I have previously assured the other House and I am happy to reassure this House, that in parallel with the service planning and expansion work, the clinical guidelines for medical practitioners in termination of pregnancy are also in preparation. Were I a man or a woman going into the health service, I would like to think those clinical guidelines were being drawn up by clinicians and not by politicians or people, including myself, who are not qualified to make such decisions.

We, as policy makers, set out the grounds upon which something should be legal. The clinical operation of those grounds belongs to clinicians. I really believe that this amendment, previous amendments and indeed some of the next amendments are the worst case of "let them deny it" politics. I already saw this in the Dáil, with claims to the effect the Minister voted against giving an unborn baby pain relief. No. I did not. Nor will any Senator in this House who votes against this amendment. They will vote to trust that clinical guidelines and clinicians know a hell of a lot more about the administration of medication than do people in this House.