Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I welcome Mr. O'Hare and Dr. Brady from the Irish Council for Civil Liberties, ICCL, and commend them on the work not only in this particular instance but across a whole range of issues on which the council campaigns. It is important to note from the council's written submission and Dr. Brady's contribution that we, as legislators, are being asked to consider the need for legislation to give, as Dr. Brady said, meaningful effect to the existing constitutional rights of pregnant women whose lives are at risk. That has to be emphasised time after time. Ireland has a legal obligation and, in this instance as the expert report has indicated, we have been asked to provide for the judgment in the A, B and C case not only legally and procedurally in a sound way but constitutionally also.

I note from the submission Dr. Brady is looking to give effect to this as an absolute bare minimum. He also outlined several additional points that need to be addressed, not least the issues arising around fatal foetal abnormalities. Will he elaborate on this? In circumstances where foetal life cannot be born alive and will not survive outside the womb, can it really be said the right to life of the unborn is constitutionally equal to the right to life of the woman? There is also the added position of the Government in the D v. Ireland case where it was acknowledged that this particular matter could be legislated for with the existing constitutional position in Article 40.3.3° standing and that there would not be a conflict with these two positions. Will Dr. Brady elaborate further on this?

Earlier, the committee heard from Dr. Simon Mills who presented a copy of draft legislation which points out that it is within the compass of legislators to bring forward provision to accommodate this particular matter. I would like a further confirmation of that from the ICCL and Dr. Brady with his respective legal training and knowledge.