Ahern asked to back vote against amendment

The Adelaide Hospital Society has called on the Taoiseach to recommend a No vote in the referendum because of the deficiencies…

The Adelaide Hospital Society has called on the Taoiseach to recommend a No vote in the referendum because of the deficiencies it says are identified in the proposed constitutional amendment and Bill.

In its letter, which follows a detailed response to its concerns from the Minister for Health, Mr Martin, two weeks ago, the society reiterates its concerns about the impact of the proposals on women's health. These were first identified in a lengthy letter to Mr Martin at the beginning of February.

In its letter to the Taoiseach over the weekend, the society, a charitable society with representatives on the board of Tallaght Hospital, says the proposed criminalisation of women who have abortions will undo much of the positive work to be done by the proposed Crisis Pregnancy Agency.

Pregnant rape and incest victims will have to remain pregnant or flee the country, it says.

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It expresses astonishment that the Minister for Health stated that no provision could be made for such women to have abortions here, but that the State would facilitate them to go abroad, if necessary.

It also expresses concerns about doctor-patient confidentiality, in the light of the provision in the Bill that an order can be made seeking records of medical procedures involving the termination of a pregnancy where the mother's life is in danger.

It quotes from the legal opinion of the Medical Defence Union that this could pose a threat to doctor-patient confidentiality.

The letter also quotes from the Referendum Commission, which stated that "often is it not possible to be absolutely certain what the effect of a new constitutional wording or law will be". It expresses great concern about the uncertainty involved for subsequent legal cases, especially those concerning treatment for infertility.

"Enshrining legislation known to be defective in our Constitution surely must be avoided," the letter says. "As Taoiseach for all the people of Ireland, you have an obligation even at this late stage to recognise the huge deficiencies and advise a No vote on March 6th, and the Adelaide Hospital Society would appeal to you to do this before voting takes place.

"The Government will bear a heavy responsibility for the consequences of the proposed Act, especially as the Minister for Health and Children did not take advice from the Women's Health Council in regard to this proposed Act - a body appointed by the Minister to advise on all aspects of women's health," it continued.

"Many of the healthcare defects of the proposed Act might have been avoided had this been done, as the council uniquely has been obliged to express publicly health concerns which replicate those expressed by the Adelaide Hospital Society in our letter of February 1st, 2002."