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

10:20 am

Photo of Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

I thank the three witnesses. My understanding is that no one disagrees with the repeal of sections 58 and 59 of the Offences Against the Person Act but I wish to confirm that. Yesterday there was considerable discussion here, as there has been in the media, about suicide ideation or suicidal intent. Having listened yesterday and considered the matter overnight and having re-examined the Supreme Court judgment I do not see a necessity for a different procedure to determine whether a woman has a right to access an abortion where the risk to her life arises from the matter of mental rather than physical health. The substantive weight should be given to a clinical determination involving the practitioners with relevant specialisms. I seek the guidance of the witnesses because I believe we have separated an issue and having read the relevant material I wonder why it has been separated.

I was reassured by the medical opinion yesterday with regard to time limits. Having reflected on the Supreme Court interpretation of Article 40.3.3° and the wording itself, I believe the lack of a time limit is mitigated by the strictness of the test itself. That is my understanding and I would welcome any guidance the witnesses can offer. I welcome the guidance of the witnesses on foetal abnormality and therefore I will not stray into that issue. I also welcome the comments on the issue of consent. I have read the Law Reform Commission report which is rather weighty and detailed and it provides options. There are still some issues for us with regard to children in the care of the State, because there is legal limbo with regard to unaccompanied minors. The committee will have to tease out these issues.

Comments

No comments

Log in or join to post a public comment.