Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Senators for their contributions. As I outlined in the Dáil on what was a very similar amendment, I will not accept the amendment because the matter of consent is already adequately addressed in section 21 of the Bill, which clearly states that the provisions of the Bill will operate within the existing legal provisions with regard to consent for medical procedures. The Medical Council's guide to professional conduct and ethics for registered medical practitioners of 2016 provides thorough information on the appropriate process to be followed to obtain valid informed consent for medical procedures. Even the Senators' amendment mentions sanctions and professional disciplinary action against the health professional concerned. The methodology whereby health care professionals are disciplined or sanctioned if they do not comply with the rules comes from the regulatory body, which in this case is the Medical Council. It takes the law of the land and transposes it into a guide for medical practitioners before assessing any complaints about people not operating in compliance with the guide.

In addition, the HSE has published a national consent policy that includes detailed information on what constitutes valid and genuine consent and how to obtain it. As I stated, the provisions in the Bill in section 21 on consent are not aimed at any particular group around consent and I do not intend for this to change. Perhaps we do not agree on this but I want the process to be treated the same way as any other medical procedure, with the same rules around consent for this as any other procedure. I am aware a case is sometimes made for a special provision to be made around consent to termination of pregnancy but I am of the view that the same issues around consent arise across a number of issues with medical practice, whether those are contraception, gender realignment, cosmetic surgery or a whole variety of others. The same rules of consent apply.

I will reference the counselling issue. The Tánaiste was mentioned here and in the Dáil and his comments before the referendum appear to constitute a source that people wish to raise. The Tánaiste pointed out that counselling services would be available to people before they accessed a termination and the 24-7 helpline we have established, which will be called My Options, will go live on 1 January and be accompanied by a website. It will be operated by qualified and appropriate counsellors, unlike the people we sometimes see suggesting they are counsellors. Women will be offered counselling over the phone if they wish it or in person. Counselling is of course a voluntary matter and not mandatory. Anybody who requires counselling and wishes to have it on her range of options will have it available. The helpline will be non-directive; it will provide all the information for all the woman's options and any support required by that woman in accessing any of those options.