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 John CrownJohn Crown (Independent) | Oireachtas source

I thank the witnesses for coming in. These have been clear and informative presentations. There are two related issues which cannot be seen outside the context our health service, namely, the necessity for the provision of short-cutting the approval process for a termination when an emergency arises and the question of conscientious objection. Both issues appear to presuppose the notion that we have something resembling a normal health system in the country with a uniform number of large, well-staffed or comprehensively staffed units with plenty of consultants, but that is not what we have here.

We have a large number of units that do not have that level of staffing. These circumstances need to be taken into account.

I was very taken by Dr. Simon Mills's presentation with respect to the moderate position, because it is one I have been espousing for some time. There is little doubt in my mind that the core reason the abortion debate paralyses public policy, jurisprudence, appointments to the United States Supreme Court, elections and so much is the failure of the medical profession to come down off the fence and make a stab at defining when personhood, as opposed to life, begins. People are quite happy to let doctors decide when life ends. They are quite happy to have a body with a beating heart and an oxygenating ventilatory system aiding artificial respiration be deemed to be dead because its brain is no longer sensate, conscious and working. We need to get to the other side of the debate at the earlier side of the argument.

I think Dr. Mills is wrong, however, with regard to lethal foetal abnormalities. The wording of the Constitution, as currently read, seems to guarantee the right to life of the existing child and not the right to a future potential life which begins at the time of birth. My guess is that we will hear legal opinions that will be contrary to that of Dr. Mills and that there will be a necessity for a constitutional amendment if we are to legislate on the issue of inevitable fatality as a result of foetal abnormality.

I thank the witnesses for their presentations.

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