Frances Black (Independent) | Oireachtas source

The Bill retains discrimination against pregnant people who should have an AHD. The Minister committed to resolving this issue during pre-legislative scrutiny and on previous Stages in the Dáil but the amendment that has been made continues to treat someone's AHD differently once that person becomes pregnant. Pregnancy should not impact on an AHD. It should be within the decision-making powers of the directive-maker to stipulate if something is not to apply in the event of pregnancy. Women and people who can get pregnant deserve the security of knowing that their directive will not protect them less if they become pregnant and that their will and preferences will be respected in all circumstances.

On Committee Stage in the House, the Minister explained the purpose of section 89(3)(b)(ii), namely to ensure that "where there has been an application under section 89(2) of the 2015 Act and the directive-maker is pregnant, there can be life-sustaining treatment for the mother and treatment to prevent a deleterious effect on her pregnancy". The Minister stated his belief that changing the term used in this section from "the unborn" to "her pregnancy" ensured the section would be value neutral. However, a simple change in language does not alter the discriminatory effect of this provision. Pregnancy is the only healthcare decision singled out for specific mention. I do not think there is any justification for this. The issue of the treatment to be provided, while a decision of the High Court is awaited regarding the validity or applicability of an AHD or whether a designated healthcare representative is acting in accordance with the relevant powers, can be adequately dealt with by reliance on sections 89(3)(a) and 89(3)(b)(i) of the Act. These state that until such a decision has been made by the court, nothing in an AHD should be construed as preventing medical professionals from providing life-sustaining treatment to the directive-maker or doing any act they reasonably believe to be necessary to prevent a serious deterioration in the health of the directive-maker.

In order to avoid the provision of the differential medical treatment to pregnant people in circumstances where a question has arisen regarding an aspect of their AHD, the Minister should accept this amendment.