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

Photo of Ciara ConwayCiara Conway (Waterford, Labour) | Oireachtas source

I thank the witnesses for their presentations. I have a number of questions for them. Throughout his statement Professor Binchy referred to the Supreme Court decision as discredited. I would like to know on what basis he uses that type of language. As I understand it, the Supreme Court is the supreme court of the land and its decision is the law. I admit, as a legislator, that there has been a failure to legislate in this regard for the past 20 years. I would like to know why Professor Binchy refers to that Supreme Court decision as discredited. With all due respect, Professor Binchy is here as a constitutional expert rather than to give political or personal conjecture on this issue.

I have spoken previously about the issue of consent. The children's rights referendum was recently passed. The X case involved a 14 year old child. We have all heard of the plight of children in care. As legislators, we need to ensure the rights of children to appropriate medical treatment, if so required, are vindicated. I would welcome some feedback from the witnesses on that issue.

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