Colm Burke (Fine Gael) | Oireachtas source

I thank the Irish Council for Civil Liberties for its presentation. Returning to the foetal abnormality issue, if provision was made for that in the legislation, is Dr. Brady satisfied that Ireland then would be within Article 3 of the convention? The definition of foetal abnormality given this morning was where there is no prospect that the foetus, once born, will survive even for one second.

The second issue relates to the floodgates. We heard yesterday from Professor Casey that if legislation is enacted within the confines of Article 40.3.3°, it will open the floodgates. If legislation is put in place and it must be within Article 40.3.3°, what is the ICCL's view as regards it opening the floodgates?

The third issue the ICCL raises relates to getting the President to refer the legislation to the Supreme Court under Article 26 of the Constitution. As Dr. Brady will be aware, the Government has no influence on that. The Council of State may advise the President but the final decision is the President's. Is that an option at which the President should look as one of bringing a conclusion to this matter?