Abortion guidance document published

A guidance document to help medical experts act within the law when dealing with pregnant women with life-threatening conditions has been published by the Department of Health.

The department says it has been drawn up to help doctors in the “practical operation” of the Protection of Life During Pregnancy Act.

Health Minister Leo Varadkar stressed yesterday that they were not clinical guidelines — that was a matter for the professional bodies.

Mr Varadkar said it is practical advice to help medical professionals on the pathways they should follow if they encounter a woman whose life is at risk as a result of her pregnancy.

Questioned by reporters about the delay in publishing the guidelines — drawn up by an external group established in September of last year — the minister said it was not a simple area and the legislation had only been enacted in January.

He was also asked if the guidelines would clear up the uncertainty seen in the ‘Ms Y’ case, currently the subject of a HSE review. “One thing that I know as a doctor is that medicine is never black and white and one thing I know as a legislator is that legislation can never be black and white,” he said. “It is never going to be possible to produce legislation or guidelines that create absolute clarity in every situation. That’s not true. That’s not possible. People should not claim it is possible.”

Asked if the ‘Ms Y’ case — where an immigrant rape victim was refused an abortion and then reluctantly agreed to a C-section — was reflected in the guidelines, Mr Varadkar said it was not because the review was still ongoing. However, the minister said the guidelines could be amended if there were lessons to be learned from the case.

Asked if anything in terms of the referrals highlighted in the ‘Ms Y’ case had resulted in changes being made to the guidelines, Mr Varadkar said “some small changes” had been made. He said what was clear was that counselling services should refer a pregnant woman whose life was under threat, to either a GP or hospital emergency department, as appropriate.

The guidelines point out that three doctors — an obstetrician and two psychiatrists — are required for certifying the termination of a pregnancy where there is a risk of loss of life from suicide.

The guidelines also recommend that a leaflet should be produced by the HSE so pregnant women understand how the law relates to them.

Amnesty International described the guidelines as “mere window-dressing” that will confuse health professionals and endanger women’s lives and rights.

The Pro Life Campaign said the new guidelines reinforced the “obscenity” of the abortion law.