Dáil Éireann Debate, Wednesday - 10 March 2021
969. Deputy Róisín Shortall asked the Minister for Health if he has given consideration to matters raised in correspondence (details supplied) regarding Covid-19 and the Health (Regulation of Termination of Pregnancy) Act 2018; his response to same; and if he will make a statement on the matter. [13474/21]
Amharc ar fhreagraIt would not be appropriate for me, as Minister for Health, to discuss the details of any individual case.
As the Deputy will be aware, section 11 of the Health (Regulation of Termination of Pregnancy) Act 2018 sets out the law on access to termination of pregnancy in cases where 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. It 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 examine the pregnant woman and both must certify their reasonable opinion, formed in good faith that the termination of pregnancy can be carried out. The termination of pregnancy 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.
The provisions in the 2018 Act reflect the recommendations made by the Joint Committee on the Eighth Amendment of the Constitution, published in December 2017.
The operation of the legislation is a matter for attending clinicians. The appropriate medical body, the Institute of Obstetricians and Gynaecologists and Obstetricians based in the Royal College of Physicians of Ireland, has published Clinical Guidance on Termination of Pregnancy in a number of scenarios, including the Pathway for Management of Fatal Fetal Abnormalities and/or Life-Limiting Conditions Diagnosed During Pregnancy.
I should note that the Health (Regulation of Termination of Pregnancy) Act 2018 makes provision for review in cases where a medical practitioner has given an opinion that would not lead to certification for termination of pregnancy to be carried out. Section 13 of the Act provides that the pregnant woman, or a person acting on her behalf, may make an application to the HSE for a review of the relevant decision. Within three days of receiving such an application, the HSE must convene a committee of medical practitioners to review the relevant decision. The committee must complete its review not later than seven days from the date on which it was established.
Services for termination of pregnancy under the Health (Regulation of Termination of Pregnancy) Act 2018 have continued to function during the COVID-19 pandemic.
