Oireachtas Joint and Select Committees

Wednesday, 9 January 2013

Joint Oireachtas Committee on Health and Children

Implementation of Government Decision Following Expert Group Report into Matters Relating to A, B and C v. Ireland

11:25 am

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael) | Oireachtas source

The time is 11.47 a.m. and we will resume in public session. I again welcome people to this public session. I remind members, witnesses and those in the Visitors Gallery to ensure their mobile telephones are switched off for the duration of the meeting, as they interfere with the broadcasting of proceedings. I acknowledge the presence in the Visitors Gallery of a former Member of the Oireachtas, Ms Geraldine Kennedy, who is very welcome to today's proceedings. I omitted to welcome her yesterday but am glad to see she is present this morning.

This is the joint committee's sixth session of hearings and for clarification, as members are aware the Bar Council of Ireland declined an invitation to participate this morning. I wish to put on record that an invitation was issued to the Bar Council before Christmas. Moreover, late last week the clerk to the committee spoke to people in the Bar Council by telephone when it was confirmed the council would be in attendance before the joint committee and that it would confirm who would be attending on Monday. The clerk made contact with the Bar Council again early yesterday morning requesting details of who would be attending, following which we received a telephone call and shortly thereafter a letter stating the Bar Council would be declining to attend. I simply wish to put this on record from our perspective and not to engage in any war of words or clash with the Bar Council.

As members are aware, this session has been condensed into one hour for this sixth session in a series of hearings the joint committee will be conducting over the next two days to discuss the implementation of the Government decision following the recent publication of the expert group report into matters relating to the cases of A, B and C v. Ireland. In this regard, I welcome to this session from the Irish Council for Civil Liberties, Dr. Alan D. P. Brady and Mr. Stephen O'Hare. Before we commence I remind witnesses of the position regarding privilege. Witnesses are protected by absolute privilege in respect of the evidence they are to give to the committee. However, if they are directed by the committee to cease giving evidence on a particular matter and they continue to so do, they are entitled thereafter only to a qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against a person or persons or an entity by name or in such a way as to make him, her or it identifiable. Members are reminded of the long-standing parliamentary practice or ruling of the Chair to the effect that they should not comment on, criticise or make charges against any person or persons outside the House or an official either by name or in such a way as to make him or her identifiable. The witnesses have ten minutes in which to make their opening statement. This will be followed by questions and answers with members for 35 minutes and non-members thereafter.

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