Fidelma Healy Eames (Fine Gael) | Oireachtas source

I thank the two witnesses for their wisdom. It is clear from Professor Binchy's response to the judgment of the European Court of Human Rights that he believes Irish law can be clarified without legislation. If so, how would we make this an adequately safe context for medical practitioners to carry out their practices and also for pregnant women in difficulty, bearing in mind that the medical professionals made very clear to us yesterday their real concerns about the lack of legal clarity? I refer in particular to Professor McAuliffe's admission yesterday that we send cases with medical complications to the UK in order to save the life of the woman because it is unsafe for doctors to carry out those procedures in this country. Professor McAuliffe is a member of the executive of the Institute of Obstetricians and Gynaecologists. She is a representative voice.

I have a question for Mrs. Justice McGuinness. In the A, B and C case, applicant C did not argue suicidal ideation and therefore her legal position is different to that of the woman in the X case. The European Court of Human Rights judgment made no reference to legislation. Why, therefore, is Mrs. Justice McGuinness of the view that legislation is required on the basis of the X case arising out of the A, B and C decision?