Mrs. Justice Catherine McGuinness:

I thank Deputy Catherine Byrne for her kind remarks. I appreciate her understanding feeling for the women in her constituency, which I know she has felt for many years.

I would not be quite as certain as Professor Binchy regarding foetal abnormality. I would not be certain that a doctor would be protected in the case of foetal abnormality. I do not think foetal abnormality would come under the X case judgment. It is highly doubtful that a doctor would be protected in such a situation. Doctors need to have that clarified, at least.

What doctors are looking at is extreme abnormality where the child is incapable of being born alive. They are not asking to be allowed to abort children who are suffering from Down's syndrome, for example. It is not about that. It is about cases where the child is already destined to die in the womb and that situation must be dealt with. It is highly doubtful what the law would be.

Professor Binchy said that if we are going to do this we will have no requirement of due care for the child. I do not believe legislators are going to approach the passing of legislation in such an uncaring manner. If legislators are approaching the issue as they suggest, by having an outline law and regulation, they have the opportunity to look at the question of due care for the child and balance that, as is required, against the life of the mother, and they should do so. That can be dealt with in the regulations.

When we look at the values of Irish society and whether we are going to change them - members of the committee will understand what I am saying - our values are considerably more subtle than one might think. What do we really do about life, as opposed to the ideal we set before us? When we come to the human dilemma what do we really do about it?

I plead with Members of the Oireachtas not to be too affected by a bullying approach either from the ultra liberal people who are looking for the introduction of abortion on demand or from the extremists who describe themselves as pro-life and who are trying to get them to narrow the law. I ask them to think about where the middle ground is and what the majority of their constituents may feel.