HSE commences review of Termination of Pregnancy Act after ‘considerable delay’
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The HSE has started a review of Section 11 of the Termination of Pregnancy Act, which covers fatal foetal anomalies, after “considerable delay”, the can reveal.
This review was called for by Rebecca Price and Pat Kiely who were told in March 2019 their baby would not survive birth or would die shortly afterwards. They were advised to proceed with a termination but tragically two weeks afterwards were informed further results showed this was not correct.
The scan was carried out at the Merrion Fetal Health Clinic, which is owned by five consultants attached to the National Maternity Hospital (NMH).
HSE chief clinical officer Dr Colm Henry wrote on Tuesday to the Department of Health advising them the Review Group met for the first time on April 28 with monthly meetings from June 23.
He said he acknowledges there has been “a considerable delay” setting up the review group.
“From a HSE perspective, I acknowledge that the process to establish the Review Group has taken longer than anticipated,” he also wrote in the letter, seen by the .
The review will be chaired by secretary-general of the International Federation of Gynaecology and Obstetrics Professor Lesley Regan.
The letter states one reason for the delay is that Prof Regan practices in the UK and needed time to familiarise herself with how terminations are provided in Ireland.
He accepts the devastated couple was informed of the review as far back as July 2021.
There are 15 people or groups as members including advocates Leanbh Mo Chroi, Institute of Obstetricians and Gynaecologists Ireland, a neonatologist, and a midwife.
Terms of Reference show a Review Overnight Group will be chaired by Dr Henry and include four senior HSE officials. They are to receive an update every six to eight weeks from the review group.
It states they will look at “current pathways of care available to women seeking to access termination”.
This document does not give a date by which a final report can be expected, stating a report will be done “within a timeframe to be agreed.”
Solicitor for the couple, Caoimhe Haughey, said today that the delay has been “devastating” for them.
“I am in awe of their strength and resilience in keeping going,” she said.
She said the family were told around Christmas they would get to meet Prof Regan, but this has not yet happened.
Fine Gael TD Jennifer Carroll O’Neill raised this in the Dáil on Thursday and asked about the inclusion of a clinical geneticist to the group.
Health minister Stephen Donnelly told her the review will look at screening, diagnostics and genetics in the context of life-limiting conditions. He said it will examine access to multidisciplinary expertise and investment including to genetics and genetic counselling.
However, Ms Haughey queried why the Terms of Reference do not explicitly include genetics.
“There is a big long list of very eminent disciplines and people and not one mention of a consultant clinical geneticist,” she said.
Ms Price, in an interview with the in August following the NMH and the Merrion Fetal Health Clinic admitting liability, said: “If Christopher’s life and legacy is that other failures and future children can be better protected, that would be something real.”
A hospital spokesman said: "The National Maternity Hospital sincerely regrets the death of baby Christopher Joseph Kiely and the pain and suffering caused to Ms Rebecca Price and Mr Pat Kiely. Since this tragedy occurred, the hospital has taken steps to ensure that this does not happen again."
The HSE has also been contacted for comment.