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

1:20 pm

Photo of John CrownJohn Crown (Independent) | Oireachtas source

I am delighted to have the honour of sharing this Chamber today with two such distinguished people whose very sincerely beliefs I respect. I have a few questions for Professor Binchy. The five minute walk he referred to with respect to the National Maternity Hospital was taken yesterday in the opposite direction by people who came here and told us what they wanted at the end of that walk: legislation. I am glad Professor Binchy is in agreement because he also suggested, if I understand his opening statement correctly, that there is a need for legislation to clarify the issue with respect to life saving abortions where the mother's life is in danger. It appears from what he is saying that we should somehow specifically exclude suicidality from this. As a lawyer, could he put this in the context of the Supreme Court judgment and two referenda? I am sorry if we sound like a broken record but that is as high as it goes in civil authority in civil society, the ultimate court of appeal. Unless I seriously misunderstand Professor Binchy, and I mean him no disrespect when I say that perhaps I do, is he suggesting that we, as legislators, should ignore what has been said in our Constitution, confirmed in two referenda and interpreted by our Supreme Court? If so, who is the authority we should be answering to, if it is not we, the people, vox populi? It seems to me the professor is suggesting a constitutional coup.

I would also ask that a portion of Professor Binchy's written submission is not suitable for inclusion in the Official Report. It refers to speculation about the cause of death of someone whose death certificate has not yet been issued and whose inquest is still pending and which should not, because it contains suggestions about possible causality, be in the record of this committee.

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