Tuesday, 5 November 2019

Questions (452, 453)

Micheál Martin

Question:

452. Deputy Micheál Martin asked the Minister for Health if he is satisfied that sections 9,11 and 13 of the Health (Regulation of Termination of Pregnancy) Act 2018 are being adhered to in full in all maternity hospitals; and if he will make a statement on the matter. [44287/19]

View answer

Micheál Martin

Question:

453. Deputy Micheál Martin asked the Minister for Health if his attention has been drawn to breaches of section 20 notifications under the Health (Regulation of Pregnancy) Act 2018 in maternity hospitals here; and if he will make a statement on the matter. [44288/19]

View answer

Written answers (Question to Health)

I propose to take Questions Nos. 452 and 453 together.

As the Deputy will be aware, section 9 of the Health (Regulation of Termination of Pregnancy) Act 2018 sets out the provisions for termination of pregnancy in cases where there is a risk to the life or health of a pregnant woman, while section 11 sets out the provisions 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. Section 13 of the Act deals with applications for review of a medical opinion, and provides that where a medical practitioner has not given an opinion or has not given an opinion which would certify a procedure being carried out under section 9 or 11, he/she must inform the pregnant woman in writing that she or a person acting on her behalf may apply for a review of this decision.

Section 23 of the Health (Regulation of Termination of Pregnancy) Act 2018 sets out the offences under the legislation. The investigation or prosecution of offences under the Health (Regulation of Termination of Pregnancy) Act 2018 are criminal matters for An Garda Síochána and, if prosecution is warranted, the Director of Public Prosecutions. The Minister for Health has no role in the investigation or prosecution of offences under the Act.