GPs call for new law on underage birth control

DOCTORS have called for new laws regarding their rights to prescribe contraception to those below the age of consent.

The chairman of the Irish College of General Practitioners, Dr Eamonn Shanahan, said he “genuinely has no idea” where GPs stand in the eyes of the law following the introduction of the Criminal Law (Sexual Offences) Bill 2006 in the wake of the A case.

Following the fallout from the A case, where a convicted sex offender was temporarily released from prison after the High Court struck down the statutory rape laws, the Government raised the age of consent to 17 for boys, while the age of consent for girls remained at 17. Controversially, under the new legislation if two teens under the age of consent have sex, only the boy will be guilty of an offence.

Any future attempts to fine-tune the law following the passing of last week’s bill should address difficulties faced by family doctors, who are often the first port of call for teenage girls seeking contraception.

“It’s a grey area,” said Dr Shanahan, claiming that, while GPs in Britain operated under the Gillick Ruling, where the Law Lords found against a mother who had attempted to prevent a doctor prescribing contraception to her daughter under the age of consent — on the balance of the greater good — GPs here are operating without a legal framework.

“In effect, that’s what Irish GPs have been following even though there is no basis for it in law in Ireland,” he said.

Dr Shanahan said the current situation has never been tested in courts here. He warned the current legal situation could lead to a rise in unplanned pregnancies, if young patients feel they might not be able to receive contraceptive prescriptions from their GPs.

The Crisis Pregnancy Agency said GPs had always been in an awkward situation regarding the prescribing of contraceptives.

“It puts them in a difficult position,” Caroline Spillane of the CPA said. “On one hand, they want to follow through on the idea of duty of care to their patient. On the other hand it is a difficult legal position to be in.

“The CPA has been aware of the fact that there is a difficulty for GPs in the difference between the age of consent and the age at which teenagers can ask for medical treatment.”

Meanwhile, survey results released by Fine Gael, yesterday, reveal a clear majority support the age of consent being raised to 17 for both boys and girls.

The survey of 1,000 found 54% agreed with 17 for the age of consent while 34% disagreed. A total of 12% of respondents had no view. Support was highest in Dublin at 61%, and among 18-24 year olds at 60%.

Fine Gael leader Enda Kenny said the result proved Ireland needed a serious debate about teenage sex.

“I have strongly opposed Minister McDowell’s proposal to reduce the age of consent for girls, a consent age to 16. That’s just too young.”