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

1:50 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael) | Oireachtas source

I thank both expert witnesses for attending. I ask the following question of both of them. Should a court evolve, in relation to its judgments, in light of developing scientific knowledge, even if that is the Supreme Court? The X case happened 20 years ago and there has been extensive evidence from psychiatrists consistent with the view that abortion may be associated with an increased risk of mental disorder.

If that is the case and abortion is not a treatment for suicide, as we heard yesterday, why should the Oireachtas then make a law that ignores that reality? I have some questions for Mrs. Justice McGuinness. As the X case has no time limits, should the Government legislate for the direct abortion up to birth where the woman's life is at real and substantial risk, including the risk of suicide? If not at birth, at what point would she consider it is acceptable? Does she believe that in circumstances where psychiatric judgment shows a threat to the life of the mother, someone should be appointed to appeal and speak out on behalf of the unborn child?

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