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
1:00 pm
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source
Mindful of the fact that Mrs. Justice McGuinness is retired from practise, I would nevertheless like if she could advise us if it is her understanding that the existing law provides for interventions in the circumstance, as described by my colleague, where there is a risk to the life of the expectant woman as a result of suicide allied to her pregnancy. It is the view of some who have come before us, and is provided for in the guidelines of the Medical Council, that this is the current understanding. Can Mrs. Justice McGuinness shed any further light in terms of her understanding of it?
I would like to focus on two particular points which arise from Professor Binchy's submission and were alluded to by him in his oral presentation this afternoon. Professor Binchy states on page 2 of his submission that if the Oireachtas proceeds as it now proposes to do, then, as has been the case in most other countries, the law on abortion will change, with further extensions being demanded. Surely, as it is only the Irish people who could make such a change, the constitutional protections remain in place. No change that is in conflict with any article or subsections of the Constitution can occur without the expressed consent of the electorate in a referendum. Professor Binchy rightly reflected on the high standards in our maternity hospitals. Yesterday, we heard excellent contributions from the Master of the National Maternity Hospital, the Master of the Rotunda Hospital and Dr. Mary McCaffrey from Kerry General Hospital. Why does Professor Binchy suggest - it is a suggestion because it is not a bald statement - that the situation would change on the introduction of the proposed legislation. Those who appeared before us yesterday came across as exceptionally caring, compassionate and dedicated professionals. I would have every confidence that this is exactly how they would continue to perform.
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