Seanad debates

Thursday, 6 October 2022

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

 

10:30 am

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

Like the Senator, I am not a medical person so I am afraid I am not in a position to give a detailed answer on that particular point.

On Senator Doherty's point, and bearing in mind the agreement on the removal of the term "unborn", when the provision is read in its entirety, it includes a situation where the directive-maker is a pregnant woman and there is a deleterious effect on her pregnancy. We are trying to achieve a situation, where a court case is ongoing regarding ambiguity around the advance healthcare directive, that ensures that protection and relevant treatment are provided during that period. The language substituted, namely, the effect on "her pregnancy", is an adequate replacement in encapsulating those nine months the Senator talked about and the range of circumstances medical professionals need to provide for to make sure adequate treatment is provided. It is an adequate wording and in our view, from a legal perspective, it is an adequate expression to use. Perhaps the Senator disagrees and has alternatives that could be used, but the existing wording captures both the relevant time period and the extent of the needs of the woman in question and, as such, that is why we chose it.

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