Rónán Mullen (Independent) | Oireachtas source

The notion that a rapist would seek to prevent a girl having an abortion is a novel one. The Deputy making that comment should be aware that there is much evidence from the neighbouring jurisdiction and other jurisdictions that abortion is used to cover up rape and sexual abuse, with the guilty party putting a girl or woman under duress to have an abortion in order to cover up their crimes. That is the real issue, not the ridiculous scares raised for the sole reason of attacking a perfectly reasonable amendment.

The Minister told the Dáil there was no need to put this in legislation. We have heard that many times. He also stated that we already have provisions for medical consent in the medical consent guidelines. However, the guidelines do not inspire confidence in this regard. Section 18 of the 2016 edition of the Medical Council's Guide to Professional Conduct and Ethics for Registered Medical Practitionersstates:

When patients under 16 want to make a healthcare decision without the knowledge or consent of their parent(s) or guardian(s), you should encourage them to involve their parent(s) or guardian(s) in the decision. If a young person refuses to involve a parent/guardian, you should consider the young person’s rights and best interests...

It then lists a number of considerations, including their maturity and their physical and mental health, that are to be taken into account. The guidelines then state: "You should provide treatment for young people without informing their parent(s) or guardian(s) if, having considered the factors in paragraph 18.5, you consider that it is in the patient’s best interests to do so and the patient has sufficient maturity and understanding to make the decision." Clearly, the guidelines envisage circumstances where a girl under 16 years can receive medical treatment or a procedure - I quibble with legitimising the notion that abortion is medical treatment in all but very rare circumstances - under this legislation, without the knowledge of her parents or guardians.

The Minister also referred in the Dáil to the HSE's document, Consent: A guide for young people, published in 2013, and indicated that it also deals with the issue. This guide states:

If you are under 16 your parents will usually also be involved in decisions about your health and their permission will usually be sought for your medical treatment or any care to be provided to you. The National Consent Policy recommends that in exceptional circumstances the doctor or other professional may decide you are mature enough to understand what is involved in your treatment and to make a decision by yourself. In those situations he or she may provide the advice or treatment to you if it is in your best interests but he or she will advise you that it is best to have your parents involved.

This HSE document takes a very similar approach to the Medical Council guide. Clearly both the Medical Council guidelines and the HSE guide to consent envisage a situation where a girl under 16 years can have medical treatment without the knowledge or consent of her parents. Presumably this would extend to an abortion under this legislation. I and I am sure many others regard this as hugely problematic. I was amazed that the Minister was so relaxed about it when the issue was dealt with in the Dáil. If a girl under 16 years is pregnant, in the eyes of the law she may well have been the victim of a sexual offence.