Press release – for immediate release
Dublin, 28 May 2013
As the Oireachtas Committee on Health and Children met this afternoon (28 May 2013) to finalise its abortion law report to Government, medical, legal and policy experts from three leading groups told TDs and Senators of the “remaining flaws” in the legislation.
Doctors for Choice (DFC), the Irish Council for Civil Liberties (ICCL) and the National Women’s Council of Ireland (NWCI) joined forces in Leinster House today to provide TDs and Senators with their expert analysis of the General Scheme of the Protection of Life during Pregnancy Bill 2013.
Dr Mark Murphy of DFC said “GPs alone manage uncomplicated pregnancies until 16 weeks gestation. If a woman presents in early pregnancy with a crisis it will be GPs in liaison with psychiatrists who will be managing her care. Obstetricians will not and need not be involved, as the pertinent issue will be mental health rather than obstetric health. GPs will not be “consulted” in clinical reality but will be the key clinician involved in the crisis pregnancy. The role of General Practice needs to be recognised and included in a redrafted Bill’.
DFC’s Dr Peadar O’Grady added that Doctors For Choice “recommend that two doctors certify, or not, the procedure in the situation of a threatened suicide: a GP and a Consultant Psychiatrist. We also recommend that the criminal sanction of 14 years for both woman and doctor be dropped from the proposed Bill, and that women with fatal foetal anomalies should be included in the scope of a redrafted Bill”.
Deirdre Duffy, ICCL Senior Research and Policy Programme Manager said:
“By and large, we consider that this Bill is faithful to the settled constitutional position established under the X case. Not only would the very constitutionality of the proposed legislation be called into question by the omission of the suicide ground, it would be likely to leave Ireland in continuing breach of its international human rights obligations.”
“The ICCL is also obliged to point out that the State’s obligations in relation to abortion under the Convention run deeper than merely implementing the European Court judgment in A, B and C. The current treatment of women with pregnancies involving a defined set of lethal foetal abnormalities potentially falls foul of Ireland’s human rights obligations. The ICCL considers that it is constitutionally permissible under Irish law to provide for the termination of such pregnancies”, Ms Duffy concluded.
NWCI Director Orla O’Connor said: “We are extremely critical of the invisibility of women’s voices and women’s experiences in discussions on the Heads of Bill. Women must be at the heart of the debate. In reality women will have real difficulty invoking their constitutional right to an abortion under the onerous procedures proposed by this Bill.”
“The NWCI have great concern over the continued criminalization of abortion in this country and the detrimental effect that it has on women’s physical and mental health. Criminalization will affect women accessing health services and deepen the chilling effect on both women and their doctors. Head 19 must be removed from the Bill to provide for full decriminalization of abortion in Ireland.”
ENDS
For more information please contact:
DFC:
Dr Mark Murphy: 0857207180
Dr Peadar O’Grady: 0868067367
ICCL:
Walter Jayawardene: 087 9981574
NWCI:
Silke Paasche, Communications Officer, NWCI 085 8589104
Note to editor:
• The DFC / ICCL / NWCI briefing to Oireachtas members will take place in the AV Room of Leinster House from 5pm today (Tuesday 28 May 2013).
· DFC, ICCL and NWCI have five main areas of concern about the General Scheme of the Protection of Life during Pregnancy Bill 2013:
1. Criminalisation of women
o Criminalisation: the proposed legislation replaces the Offences against the Person Act 1961 rather than repealing it. The government must repeal the relevant sections of the Offences against the Person Act 1961 and decriminalise abortion. Criminalisation does not work; it causes pain and suffering to women, is incompatible with international human rights norms. and according to the ECHR has a chilling effect on women and doctors
2. Suicide
o There is no medical or clinical justification for the requirement that a panel of doctors authorise an abortion on grounds of suicide ideation. The requirement of a second psychiatrist does not apply when a pregnancy is not involved The Mental Health Act 2001 requires only 2 medical practitioners to authorise the involuntary detention of an individual on mental health grounds, while the proposed legislation requires up to 7 practitioners to authorise a termination on mental health grounds.
o An arbitrary distinction is being drawn between mental and physical health, which is ignoring Ireland’s obligations in relation to mental health. The current requirement for unanimity would give an obstetrician the power of veto over two consenting psychiatrists. Consultation with the woman’s GP should only take place with her prior consent.
3. Conscientious objection
o There should be an explicit duty to treat in a medical emergency regardless of any conscientious objection. Legislative provision must be made to ensure that medical professionals are required to declare anti-choice views, and that they have a duty to absent themself from any panel deciding on abortion. Any panel should only consist of non-conscientious objectors. It must be ensured that non-objecting providers are accessible and available throughout the country.
4. Formal medical review procedures
o A two-week review period is unrealistic and could result in serious and potentially fatal repercussions. Best international practice is that a decision is made within 3 days. Realistic timeframes must be included in the new legislation.
5. Treatment of fatal foetal abnormalities / case of rape / incest
o The scope of the legislation should be extended to include fatal foetal abnormalities and pregnancies resulting from rape and incest.