Dáil Éireann Debate, Tuesday - 17 November 2020
837. Deputy Sean Sherlock asked the Minister for Health if his Department has a referral policy for cases in which a doctor refuses to provide reproductive health services to patients due to conscientious objection; and if he will make a statement on the matter. [36972/20]
View answerConscientious objection is covered under Section 22 of the Health (Regulation of Termination of Pregnancy) Act 2018. This section states that where he/she has a conscientious objection, a medical practitioner, nurse or midwife shall not be obliged to carry out, or participate in the carrying out, a termination of pregnancy.
Section 22 (3) provides that where a doctor, nurse or midwife has a conscientious objection, he/she shall, as soon as may be, make any necessary arrangements for the transfer of the woman’s care to enable her to avail of termination of pregnancy.
The Act makes it clear that conscientious objection cannot be invoked in an emergency situation, when the risk to a pregnant woman’s life or health is immediate.
More generally, section 49 of the Medical Council’s Guide to Professional Conduct and Ethics for Registered Medical Practitioners (Amended) (8th Edition 2019) deals with conscientious objection. It sets out the referral procedure to be followed by medical practitioners where a procedure, lawful treatment or form of care conflicts with their sincerely held ethical or moral values.
