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

The reason Members have had such disastrous examples to reference is that doctors, hospitals and clinicians have been allowed to follow clinical policy and the ambiguity of different interpretations of that policy has resulted in women and babies suffering. I do not see the problem with inserting specific wording in an AHD to the effect that if the person concerned is pregnant at the time of a heart attack or whatever else is being determined or listed, then the current law of the land would apply to the clinicians intervening to save the life of the baby if the pregnancy is longer than 12 weeks. The exact same would be true in the case of a woman putting in a line that if she has a heart attack while pregnant, regardless of the age or gestation of the baby, she does not want intervention to happen. That would be illegal and not allowed to stand. The doctors would have to intervene. Given that we know that clinical policy and other legislation requires intervention, I do not see the difference in respect of us being clear in the directives, particularly for women, should they ever become pregnant, that the advance care wishes would be subject to the current legislation. I do not see the problem with being specific.

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