TDs voice concern but ‘no war’ at FG meeting
The gathering of TDs and senators last night was described as “constructive and respectful” without major flashpoints.
One source present said there was “no war” and the party was in reflective mood.
Galway West TD Brian Walsh, who earlier this week threatened to oppose the bill, said he still felt strongly, but was willing to “engage” on the issue over the next few weeks.
Mr Walsh also expressed concern that his comments may have put colleagues under political pressure in recent days, according to sources.
Dublin North East’s Terence Flanagan expressed opposition to the bill, but ministers rallied around the draft legislation.
Agriculture Minister Simon Coveney told TDs uneasy about the proposals on suicidal intent that he understood their position, but the best option available had been included.
Transport Minister Leo Varadkar, who is also a doctor, said he was pro-life but that he had examined the bill and he supported it, especially the need for three experts to assess a woman who wanted an abortion.
Wicklow TD Billy Timmins spoke out strongly against the bill and said he wanted many questions answered.
“Nobody said they would vote against it. There’s no war. It was respectful,” said a source.
Earlier, Michelle Mulherin, a Mayo constituency colleague of Enda Kenny, gave conflicting signals about her attitude regarding the proposed legislation.
Ms Mulherin warned that the bill “might very well be unworkable and unconstitutional”.
However, the TD would not be drawn on whether she would vote against the legislation, telling Newstalk: “I’m not rushing anywhere.”
Galway Senator Fidelma Healy Eames made it clear she would have serious problems supporting the bill. “At this point, I can genuinely say I’m not happy… because the bill is conceding on the fundamental principle of life,” she told RTÉ.
“My reading of it would be that… we are creating and fabricating a situation to make it legal to be able to intentionally take and target the life of a baby when there is absolutely no psychiatric evidence to support doing so and where it’s not good for the mother or the pregnant woman.”
However, Cork South West TD Jim Daly said some of his concerns about the inclusion of suicidal intent had been eased after publication of the proposed legislation.
It was believed that about 10 Fine Gael TDs and senators were strongly opposed to the suicide intent element of the X-case ruling before publication of the heads of bill, while about 15 of their colleagues were undecided.
The proposed laws on abortion keep the regime restrictive but provide scenarios for women when a termination can be legally performed.
SCENARIO 1:
When there is a real and substantial risk to the woman’s life due to physical ill health:
Under the proposals, pregnant women who want an abortion as there is a “real and substantial risk” to their life will have to get certification from an obstetrician at one of the 19 public maternity hospitals where an abortion can take place.
They will also need a certificate from another medical specialist who is an expert in the type of medical problem they are experiencing, eg a consultant microbiologist if the woman has a life-threatening infection.
It is recommended one of the two doctors consult the woman’s GP where practical.
The two doctors don’t have to examine the woman together or examine the woman at the same location. They then make their decision and issue it to the woman in writing.
The appeal process:
If the request for an abortion is turned down, the woman can appeal the decision by applying to the HSE to have her case reviewed.
The HSE is then obliged to organise a two-person expert review panel based on a pool of medics from the Institute of Obstetricians and Gynaecologists, the Irish College of Psychiatry, the Royal College of Surgeons, and the Royal College of Physicians. This panel should consist of an obstetrician/gynaecologist and a doctor qualified under the speciality relevant to the health concerns.
This panel must meet within a week of the written application for a review, and must make a final decision on the case within seven days of being convened. During the course of the review panel meetings, any doctor involved in the treatment of the woman must attend — and provide any records — if requested. Failure to do so can lead to a fine of up to €2,500.
SCENARIO 2:
When the mother’s life is at risk in a medical emergency:
A pregnant woman whose life is at risk because of a medical emergency needs certification from just one medical practitioner. The termination does not have to take place in one of the 19 registered obstetric units but at whatever medical facility the woman is sent to.
The appeal process:
Not applicable.
SCENARIO 3:
The woman says continuing with the pregnancy will lead her to suicide:
When a woman is threatening to kill herself unless she has an abortion, she can apply for a termination to one of 19 obstetric units in the country.
She will need to have the abortion certified by an obstetrician at the hospital and two other psychiatrists, one of whom is attached to the maternity hospital. Both of these psychiatrists must be registered with the Mental Health Commission.
At least one of the three doctors should consult with the woman’s GP if possible.
It is recommended that all three doctors examine the woman before they certify that “in their reasonable opinion, this risk [of suicide] can be averted only by that medical procedure” and there is a “real and substantial risk of loss of the pregnant woman’s life”.
They don’t have to conduct the examination together or at the specific maternity hospital.
The appeal process:
A woman can appeal a decision not to allow an abortion even though she believes she is at risk of suicide by requesting a review.
The HSE’s appeal panel will consist of an obstetrician/gynaecologist and two psychiatrists, both of whom must be employed at a centre registered with the Mental Health Commission.
The panel must be convened within one week of the request, and must make a decision within a further seven days on whether an abortion should be allowed. If they refuse an abortion, the woman will be given access to psychiatric supports.
