Dáil Éireann Debate, Tuesday - 17 May 2022
708. Deputy Peadar Tóibín asked the Minister for Health further to Parliamentary Question No. 806 of 10 May 2022, if his attention has been drawn to incidents in which abortions have taken place after an unborn baby has been misdiagnosed as being terminally ill; and if so, the number of incidents to which his attention was drawn (details supplied); and if he will make a statement on the matter. [24558/22]
View answerThe Health (Regulation of Termination of Pregnancy) Act 2018 was commenced on 1 January 2019. The main purpose of the Act is to set out the law governing access to termination of pregnancy in Ireland. It 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; 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; and without restriction up to 12 weeks of pregnancy.
Section 11 puts provisions in place for carrying out a termination of pregnancy in which 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. The process 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 certify their reasonable opinion, formed in good faith before the procedure can be carried out and, the procedure 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.
Notifications received by the Minister for Health under the Health (Regulation of Termination of Pregnancy) Act 2018 are as set out below.
Section 20 of the Act of 2018 provides for a notification system in relation to all terminations of pregnancy carried out under the legislation. Specifically, it requires that the Minister for Health be notified of each termination of pregnancy no later than 28 days after it has been carried out. The notifications are recorded on the form entitled “Health (Regulation of Termination of Pregnancy) Act 2018 (Notifications) Regulations 2018” Statutory Instrument No. 597 of 2018). The following information is included in the form:
- Medical Council registration number of the medical practitioner who carried out the termination of pregnancy;
- The section of the Act under which the termination was carried out, i.e., section 9, 10, 11 or 12;
- Medical Council registration number(s) of the medical practitioner(s) who made the certification concerned;
- The county of residence, or place of residence (where the woman resides outside of the State) of the woman concerned;
- The date on which the termination of pregnancy was carried out.
The table below sets out information received by the Minister on the number of terminations carried out under section 11 of the legislation in 2020 and 2019:
|
Section of the Act |
2020 |
2019 |
|
11 – Condition likely to lead to death of foetus |
97 |
100 |
