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

As Senator Mullen said, we discussed two issues on Committee Stage. One related to a situation where an AHD is silent, an accident has taken place and there is a question about how a determination has been made. Our meeting and subsequent engagements were useful. We discussed section 85(5), which deals with an informal engagement to ascertain the will and preference of a pregnant woman and if that is not ascertainable, what steps are taken, including recourse to a decision support representative and engagement with the family. Section 89 is there to put that on a more formalised basis if the provisions under section 85(5) cannot deliver the required degree of clarity. Section 89(3) is there to ensure treatment continues while that process to ascertain is ongoing. When we have the opportunity to look through it in detail, we can see there is a significant range of protections and mechanisms in place to address the issue.

I will turn to consider the change that has been introduced through the replacement of "unborn child" with "her pregnancy". My officials are very clear that the reference to "unborn child" in the original 2015 Act was based on the eighth amendment. I know Senator Mullen has a different take on that point but that is the advice I have received at all times. The reason we are making this change is to avoid signalling to a healthcare provider that a position that was required under the former constitutional position continues to be maintained. The language of pregnancy that is now being used in the section does not preclude treatment for the benefit of the foetus but it does not run the risk of the particular interpretation that the former provision had.

I used the word "holistic", of which Senator Mullen was critical. Senator Seery Kearney explained what I meant by "holistic", in that we are trying to demonstrate by the use of the term "her pregnancy" that the pregnant woman is at the centre. She is the decision-maker and it is her will and preference that is central to all of this. It is for that reason I would argue that this is an holistic approach recognising that it is about advance healthcare decisions and in this case, the advance healthcare decision that a pregnant woman makes. I am not in a position to accept either the amendment from Senator Mullen or the amendment from Senators Black and Flynn.