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

12:10 pm

Photo of Paul BradfordPaul Bradford (Fine Gael) | Oireachtas source

Sorry, it was Dr. Brady. At point 5 he argues that at an absolute bare minimum - he was saying that in a legal fashion - the Government must now legislate. I do not have his legal knowledge, but I ask him to assist us to clarify the position arising from the European court judgment. My understanding is that the obligation on the State is to provide clarification. He is saying that as a bare minimum, we must legislate. Is that his opinion and obviously his preference? What is the legal impact of the judgment? My understanding - I have heard it from many people - is that the State is obliged to provide legal clarification. Dr. Brady is stating that we are obliged to legislate. I appreciate it may be his preference, but I ask him to let me know the actual legal position.

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