Certificates of diagnosis should be supplied by at least two psychiatrists before a woman claiming to be suicidal was granted an abortion, the all-party Oireachtas Committee on the Constitution was advised yesterday.
Addressing the committee's public hearings on the abortion issue, Dr T.K. Whitaker, the chairman of the Constitutional Review Group, described his proposed measure as the building of "legitimate hurdles" to women's access to abortion in the context of the X case decision.
According to Dr Whitaker, the view that abortion should never be contemplated was "misleading" and conflicted with medical evidence that some interventions to save the life of the mother had the unavoidable consequence of abortion.
He said a blanket ban on abortion would be an "appalling mistake". However, he suggested no intervention should take place after 14 weeks as the medical consensus was that the foetus became viable after this point.
The issue of a woman's suicidal disposition was a dilemma that could be resolved with the introduction of restrictive legislation reconcilable with the Constitution, which made it necessary for a woman to provide certificates confirming her suicidal disposition remained even after specialised counselling, he said.
Commenting on the proposal, Ms Marian McGennis TD said this procedure could eventually lead to the liberal system found in the UK, where similar procedures had degenerated into "rubber-stamping". Dr Whitaker said the committee would have to "take a risk" on the proposal and if the system was abused a rethink would be necessary.
Dr Whitaker said it was clear there was a need for the protection of the need for medical intervention to protect the life of the mother but he stressed a code of medical ethics should not decide when. "It is up to the Houses of Oireachtas to decide what under the law is permitted and what is not," he said.
Commenting on cases of rape and incest which result in pregnancy, Dr Whitaker said he believed "innocent life" was entitled to protection but the State was then obligated to help "generously" with the child's upbringing.
He said he was in "a quandary" over the cases of foetuses suffering from lethal deformities but concluded that he couldn't bring himself to accept the termination of pregnancy in these cases.
Responding to Ms Liz McManus TD, who asked if he would apply his stance to a pregnant 12-year-old girl who had been raped and could not travel for an abortion, Dr Whitaker said he would decide "perhaps rather harshly" that an abortion was not acceptable. Mr Jim O'Keeffe TD asked if it was preferable to spend resources on helping women with crisis pregnancies, on education and contraceptives, rather than on another abortion referendum.
Dr Whitaker said he would rather see legislative action and money spent on these supports than more time and money used on a referendum.