Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I have heard from the Attorney General and the chief medical officer and from our clinical adviser, Dr. Peter Boylan, that their preference is for the wording to remain as it is, legally and clinically. Several Senators had an opportunity to hear from clinicians yesterday in that regard too.

I really welcome Senator Higgins's amendment, not because I am in a position to support it but for the exact reason that she outlines, because it does provide me with an opportunity to correct what had been a misinterpretation or a discussion that has not been formed in fact, in terms of what the words in the legislation say. Senator Bacik is right; we should read all of the words. To take this sentence as an example, it states "it is appropriate to carry out the termination of pregnancy in order to avert the risk". The phrase, "serious harm" is not even in that sentence. We have been having a discussion in the other House about whether it is better to avert or mitigate the serious harm but that is not in the legislation. The question is does it "avert the risk". I want to be crystal clear, and it is easy to be because it is there in black and white, that this legislation talks about averting "the risk", not about the test being to avert the serious harm. They are substantially different and are legally and clinically understood to be substantially different.

In response to the amendments tabled by Senator Devine and her Sinn Féin colleagues, I would make the same point and add one more. We need to be very careful about putting additional words into legislation, particularly on Report Stage, rather than reading the section of the Bill in its totality, which has been so robustly legally tested and scrutinised by the Attorney General. I worry when we start sticking in the word, or anything, that we are applying another test or another thing a doctor has to consider. We saw yesterday that there is great clarity among those working to roll out this service on what "avert" and "avert the risk" mean. This is very much also in line with the draft general scheme published in advance of the referendum. I propose not to accept these amendments but to welcome the opportunity to provide that clarity, that it is a question of averting the risk not about averting serious harm.