Report warns on issuing abortion ‘guides’
Next Tuesday, the report of the expert group set up last year to examine the decision of the 2010 European Court of Human Rights in the ABC case is due to go before Cabinet. The court ruled in Dec 2010 that there should be access to an abortion where a woman’s life was at risk because of pregnancy, including the risk of suicide.
It has emerged the report, which has been reviewed by Health Minister James Reilly, tells the Government there are two broad options, legislation or guidelines.
According to RTÉ’s Prime Time, the group says guidelines, while flexible and quick, would not have legal force and would not satisfy the Council of Europe.
The report also suggests that legislation alone may be too rigid and hard to adapt.
However, a combination of primary legislation and regulations set up through secondary legislation, while lengthy to complete, would give the Oireachtas the option to discuss and vote on legislation. The minister and the Oireachtas would have a role in detailing the circumstances in which a lifesaving termination could be carried out.
HSE asks HIQA to open statutory inquiry into Savita`s death http://t.co/3WM9864M
— India News24 (@IndiaNews24) November 22, 2012
The report was handed to Dr Reilly at almost the same time as news of the tragic death of Savita Halappanavar emerged.
It has emerged her husband Praveen will turn down the expected independent Hiqa investigation into his wife’s death at University Hospital Galway on Oct 28 if it does not allow for cross-examination of key hospital staff.
Despite hopes that progress in the high-profile row could be reached with the predicted Hiqa inquiry announcement today, the widower’s solicitor, Gerard O’Donnell, said the health watchdog’s usual system will fall short of their demands.
Mr O’Donnell told the Irish Examiner “the situation remains the same” after learning Hiqa has been asked to open an inquiry.
Mr O’Donnell said both he and his client are “not happy it meets the requirements of the type of inquiry we envisage” as a Hiqa probe is highly unlikely to include cross-examination.
The solicitor said, potentially, the case may have to be brought to Europe to force Ireland to set up an independent state inquiry.
A Hiqa spokesperson declined to comment until the group’s board finalises its inquiry decision today.
The watchdog was asked by HSE director general designate, Tony O’Brien, to consider a fresh inquiry due to the controversy over the HSE’s own investigation.
Mr O’Brien said the HSE’s inquiry will continue with or without Mr Halappanavar’s endorsement, as it would be “criminally negligent” to shut it down when it could uncover a wider need for service improvements for other women.
Mr Halappanavar has also revealed the medical files his solicitor was given by the hospital failed to log requests for a medical termination. Among details logged were requests for toast, tea and an extra blanket. Mr Halappanavar and the HSE both claim to be the only party with any right to access the files.
HIQA board has not yet determined if it will hold statutory inquiry into #Savita death. Statement expected tomorrow.
— Hugh O'Connell (@oconnellhugh) November 22, 2012
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