Seán Canney (Galway East, Independent)
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2426. To ask the Minister for Health the help or protocols that are available to doctors if babies survive late-term abortions; and if he will make a statement on the matter. [37782/21]

Stephen Donnelly (Wicklow, Fianna Fail)
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As the Deputy will be aware, terminations beyond 12 weeks of pregnancy may be carried out in Ireland under sections 9, 10 and 11 of the Health (Regulation of Termination of Pregnancy) Act 2018.

Section 9 requires that two medical practitioners, having examined the pregnant woman, are of the reasonable opinion formed in good faith that there is a risk to the life, or of serious harm to the health, of the pregnant woman; the foetus has not reached viability; and it is appropriate to carry out the termination of pregnancy in order to avert the risk concerned. One of the two medical practitioners must be an obstetrician; and the other must be an appropriate medical practitioner, and both must certify their opinions in order for the termination to be carried out.

Section 10 deals with emergency situations, and provides that a termination of pregnancy may be carried out by a medical practitioner who, having examined the pregnant woman, is of the reasonable opinion formed in good faith that there is an immediate risk to the life or of serious harm to the health of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk.

Section 11 deals with cases where there is a condition present affecting the foetus that is likely to lead to the death of the foetus before or within 28 days of birth. It requires the involvement of two medical practitioners, one of whom must be an obstetrician and the other a medical practitioner of a relevant specialty. Both must examine the pregnant woman and both must certify their reasonable opinion, formed in good faith that the termination of pregnancy can be carried out. The termination of pregnancy must then be carried out by the certifying obstetrician, or in cases where the second certifying doctor is also an obstetrician, either one may carry out the procedure.

Medical practitioners are bound through professional regulatory mechanisms to operate in accordance with best medical practice.

Clinical guidelines for the provision of termination of pregnancy services, within the legal framework set out in the Health (Regulation of Termination of Pregnancy) Act 2018, have been developed by the relevant professional medical bodies.

Seán Canney (Galway East, Independent)
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2427. To ask the Minister for Health if his Department advocates the use of dilation and evacuation in late-term abortions; if the electorate was informed in advance of the referendum campaign that such abortions would be illegal; and if he will make a statement on the matter. [37783/21]

Stephen Donnelly (Wicklow, Fianna Fail)
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As the Deputy will be aware, the Health (Regulation of Termination of Pregnancy) Act 2018 sets out the grounds on which termination of pregnancy may legally be provided in this country. Beyond 12 weeks of pregnancy, the legislation permits termination to be carried out in cases where there is a risk to the life, or of serious harm to the health, of the pregnant woman; in emergency situations where there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman; or where there is a condition present which is likely to lead to the death of the foetus either before or within 28 days of birth.

The Department of Health does not advocate on clinical procedures; it would not be appropriate for the Department to intervene in medical practice or decision-making. Medical practitioners are bound through professional regulatory mechanisms to operate in accordance with best medical practice. In addition, clinical guidelines for the provision of termination of pregnancy services, within the legal framework set out in the Health (Regulation of Termination of Pregnancy) Act 2018, have been developed by the relevant professional medical bodies.

A draft General Scheme of a Bill to Regulate Termination of Pregnancy was published on the Department of Health website in advance of the referendum held on 25 May 2018, so that voters would be aware of the Government’s policy/legislative intentions should the referendum pass. Key elements of the Health (Regulation of Termination of Pregnancy) Act 2018, in particular the grounds on which termination of pregnancy may be carried out, remain the same as those set out in the draft General Scheme published in March 2018.