Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

The obvious immaturity of children means that the level of support and care provided after a procedure such as abortion should be even higher than that provided to an adult woman. If a child attends a doctor other than the usual family doctor, the treating doctor may not be aware of the particular issues or challenges the young woman might face. Parents are naturally better equipped to deal with their daughter and any psychological issues that could arise for her after abortion.It would be shocking if the parents or guardians of a child were not informed of such a momentous event in the child's life. All we are asking for here is that the duty to notify parents is included in the Bill to give total clarity to this. Again, this is about notification and not about consent.

Senator Mullen referred to the 21 European countries where this is provided for. In countries such as Germany, Finland and Spain, legal access to abortion is not available to girls under the age of 18 without parental consent. That is information from the World Health Organization. This amendment is not even seeking consent. It is only seeking justification.

During the Dáil debate, the Minister, Deputy Harris, suggested that this is already included in the Medical Council guidelines. There are a number of reasons that is not really good enough. The guidelines will change and inclusion therein is not a substitute for inclusion in primary law. The guidelines are equivocal and leave the decision up to the doctor. Section 18.5 of the guidelines states that if a young person refuses to involve a parent or guardian, the doctor should consider the young person's right and best interests, taking into account a number of considerations, which the guideline then lists.

Under section 18.7 of the guidelines, a doctor can provide treatment for young people without informing the parents or guardians if, having considered the factors in paragraph 18.5, a doctor considers it is in the best interests of the parents to do so and the patient has sufficient maturity and understanding to make the decision.

We have heard a lot throughout the debate about trusting doctors. I trust doctors but they are citizens and are subject to the law. To suggest they are less likely to be in breach of the law than people of other professions is absurd. The law is there to provide clarity, and clarity for doctors is something that the Minister, Deputy Harris, has referenced repeatedly as this Bill moved through the Houses of the Oireachtas. It is clear that the Medical Council guidelines, in themselves, are not sufficient and, accordingly, I urge the Minister of State, Deputy Daly, to accept this amendment and give the much-needed clarity to doctors and let parents be parents to their daughters, as is the case across 21 other European countries.