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National Maternity Hospital

Dáil Éireann Debate, Wednesday - 27 April 2022

Wednesday, 27 April 2022

Questions (166)

Róisín Shortall

Question:

166. Deputy Róisín Shortall asked the Minister for Health the way the clinical appropriateness of a service is to be determined and by whom, given the agreement reached in respect of the proposed constitution of the National Maternity Hospital at Elm Park Designated Activity Company to include the wording "all services that are clinically appropriate and legally permissible"; if he has obtained legal advice on whether this wording is in compliance with the Health (Regulation of Termination of Pregnancy) Act 2018; and if so, the advice that was provided; and if he will make a statement on the matter. [21468/22]

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Written answers

As the Deputy will be aware, the Health (Regulation of Termination of Pregnancy) Act 2018 sets out the parameters in which termination of pregnancy may be lawfully carried out in this country. Clinical guidelines for the provision of termination of pregnancy services, within the legal framework set out in that Act, have been developed by the relevant professional medical bodies. Medical practitioners are bound through professional regulatory mechanisms to operate in accordance with best medical practice.

This is the process that underpins the provision of healthcare services in this country, and this will remain the case in the new National Maternity Hospital (NMH).

The new NMH is a vital project and work is ongoing to finalise the legal arrangements underpinning the planned relocation to the Elm Park campus. As I have previously said, the core objectives of the legal framework are to ensure that:

- firstly, all clinically appropriate services that are legally permissible are provided for women who need them in the new NMH;

- secondly, to prevent any influence, religious or otherwise in the operation of the new hospital; and

- thirdly, to protect the State’s investment, in relation to capital, revenue and service provision at the new hospital, for the public good.

As I have stated previously, I will bring a proposal to Government for approval to proceed once I am satisfied that the legal arrangements achieve the objectives set out above, and that all legally permissible services, including termination of pregnancy, will be provided in the new NMH as they are in the current hospital building at Holles Street.

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