Seanad debates

Thursday, 6 October 2022

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (Resumed)

 

10:30 am

Photo of Regina DohertyRegina Doherty (Fine Gael) | Oireachtas source

I will ask a question because I have been fascinated while listening. I can see the points that both the Minister and the Senator are making. The Minister has stated that before 12 weeks it is not considered an abortion but thereafter, there is a presumption that the life of the child will be preserved. There is a whole legal quagmire there that may exist. The Minister stated some minutes ago that we did not want to hive pregnant women off to be distinctly different to other women making their advance healthcare directives but being a pregnant woman is distinctly different to being a woman who is not pregnant because there is not just one life, there are two. Why, rather than leaving the presumption of the preservation of the life out there, do we not ask women making their healthcare directives to put in a scenario providing what should happen in the case of them being pregnant, as opposed to allowing it to be left open to legal argument or ambiguity? I do not think there is any woman that would feel different about that. We will be asking people to say what they will do in the case of a heart attack and so on. As being a pregnant woman is distinctly different to being a woman, why do we not simply ask them to make provisions for that case scenario, should it happen?

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