Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

On the presumption of care for pregnant women and the foetus, we could not proceed as the Senator is suggesting, that is, that we would legislate that a presumption would be made on a pregnant woman who has made an advance healthcare directive but one which does not specifically address pregnancy and that certain things would apply to her. We could not do so as that would be the creation of a new legal standard and it would be one specifying the treatment to be provided to a pregnant woman that would not apply to any other woman who had not made an advance healthcare directive.

The Senator is looking to create a specific treatment of pregnant women under his proposal and it hives pregnant women off in a way we are trying to move away from in the context of this legislation. Pregnant women have the right to set out what treatment they wish to receive within an advance healthcare directive. Where there is vagueness or ambiguity there is a process set out under section 89 of the legislation to address that. That recognises situations of ambiguity, it provides a mechanism to address them and it makes it clear that the level of care can be provided while that ambiguity is being addressed through a court process.