Written answers

Wednesday, 2 February 2022

Department of Health

Legislative Reviews

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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146. To ask the Minister for Health if the failure to publish the e-tender for the chair of the review of the Health (Regulation of Termination of Pregnancy) Act 2018 contrary to assurances made to the Oireachtas Joint Committee on Health on 8 December 2021 was a decision taken by his Department; and if not, if it was an oversight. [5295/22]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The Health (Regulation of Termination of Pregnancy) Act 2018 was signed into law on 20 December 2018 and commenced on 1 January 2019. Under section 7 of the Act, a review of the operation of the Act must be initiated within three years of the commencement of the Act, i.e., before January 2022.

As I have stated previously, the review will comprise a three-part approach to appraise the operation of the Act, with strands focusing on service users, service providers and a public consultation. Independent research commissioned to inform the service user and service provider strands will form key elements of the review.

As I stated during my appearance before the Joint Committee on Health on 8 December, it was my intention to appoint an independent Chair to lead the second phase of the review of the operation of the Health (Regulation of Termination of Pregnancy) Act 2018.

As the costs involved in contracting an independent Chair to conduct the review were estimated as exceeding €25,000, the advice I received was that the Department was obliged under procurement rules to tender for the appointment.

Given the expertise required for the position, a small number of candidates, identified as having suitable experience, were contacted and invited to tender for the role of independent Chair.

Following the tender process, I have now appointed Ms Marie O'Shea B.L. as the independent Chair for the second phase of the review. Ms O’Shea has legal expertise, as well as experience in project management and in healthcare sector research. I look forward to receiving the Chair's final report, incorporating her conclusions and any recommendations, in due course.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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147. To ask the Minister for Health the date the research component of the three-year review of the Health (Regulation of Termination of Pregnancy) Act 2018 led by a person (details supplied) was commissioned by his Department. [5296/22]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The Health (Regulation of Termination of Pregnancy) Act 2018 was signed into law on 20 December 2018 and commenced on 1 January 2019. Under section 7 of the Act, a review of the operation of the Act must be initiated within three years of the commencement of the Act, i.e., before January 2022.

As I have stated previously, the review will comprise a three-part approach to appraise the operation of the Act, with strands focusing on service users, service providers and a public consultation. Independent research commissioned to inform the service user and service provider strands will form key elements of the review.

Research to inform the service user strand is being carried out by Dr Catherine Conlon, Associate Professor, Trinity College, who is progressing a large qualitative study to analyse unplanned pregnancy and abortion care. The study, which was commissioned by the HSE’s Sexual Health and Crisis Pregnancy Programme in September 2019, will generate an in-depth understanding of the experiences of women who have accessed abortion care services since the commencement of the Act. As the Deputy may be aware, I have appointed Ms Marie O'Shea B.L. as the independent Chair to lead the second phase of the review of the operation of the Health (Regulation of Termination of Pregnancy) Act 2018.

The independent Chair will assess the extent to which the objectives of the Act have been achieved, analysing in that regard the findings of the three strands of information on the effectiveness and operation of the Act. The Chair may also consult with stakeholders to gather information on their experiences as well as their observations on the operation of the legislation and draw on the findings of other relevant peer-reviewed research.

I look forward to receiving the Chair's final report, incorporating her conclusions and any recommendations, in due course.

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