The Women's Health Council, a statutory body set up to be consulted by the Minister for Health on all aspects of women's health was not asked for its advice on the health implications of the forthcoming abortion referendum legislation, The Irish Times has learned.
And in a move which will embarrass Mr Martin, the council has strongly criticised the Protection of Human Life in Pregnancy Bill on a number of key issues.
In a statement at the weekend, the Women's Health Council said that "the clause in the legislation which states that any further amendment must be referred to the people before the President can sign it into law is a serious cause for concern".
It contends that "should an unforeseen but disputed life-threatening situation arise, affecting an individual pregnant woman or group of pregnant women, it will require a referendum to deal with their health needs, and this delay obviously could have serious negative health consequences for those women".
The Women's Health Council was also critical of the treatment of suicide and other mental health issues in pregnancy within the legislation.
It criticised the Government's position on two fronts; the fact that it is inconsistent with other official documents relating to health in the State and that it is based on inadequate research data, in an Irish context, on the mental health impact on women of unplanned pregnancy.
In a reference to the recently published National Health Strategy, the council suggests that the legislation's position is inconsistent with the strategy's definition of health as "a state of complete physical, mental and social well-being". The council is also concerned that pregnancy resulting from rape and incest is not specifically mentioned in the legislation.
"Nor is the question of whether women with a proven non-viable foetus will be required to carry a pregnancy to term addressed," the statement says in a reference to the ability of modern ultrasound techniques to diagnose foetal death from an early stage of pregnancy.
The Irish Times understands that the Women's Health Council was not consulted in the drafting of the abortion referendum legislation.
This would appear to ignore the statutory function of the council, which was set up to ensure the implementation of effective and appropriate policy for women's healthcare. Members of the council, who are directly appointed by the Minister for Health have also expressed concern that the "freedom" rather than the "right" to travel is safeguarded under Section 4 \ of the bill .
They say that this gives rise to equity issues particularly in relation to minors in the care of the State, refugees and asylum-seekers and women from lower socioeconomic groups.
Their criticism reflects the failure of the legislation to include guidelines to health boards on how to deal with such disadvantaged groups.
Prof Cecily Kelleher, chairwomaof the Women's Health Council, refused to comment on the political issues raised by the council's statement when contacted yesterday.
"The Women's Health Council is an advisory body and has posted its position on its website. We are not an advocacy body. Now that the referendum has been called we will have no campaigning role in what is now a political process," she said.