Oireachtas Joint and Select Committees

Thursday, 10 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

9:30 am

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael) | Oireachtas source

Before beginning proceedings, for the information of members I note the joint committee has received e-mails from Dr. John Monaghan, Portiuncula Hospital, Ballinasloe, and Dr. James Clinch, Dublin, expressing their concerns regarding the hearings during the week. The e-mails arrived at 8.41 p.m. and 10.24 p.m. last night. The clerk spoke to Dr. Clinch this morning and he is satisfied that the e-mail he submitted to the joint committee will be included in the written report to the Government. As for Dr. Monaghan, the clerk intends to make contact with him this morning with a view to discussing his e-mail. Moreover, if members are agreeable, we will discuss it as a committee in our regular meeting next Thursday. Is that agreed? Agreed.

I welcome everyone to this public session of the joint committee. As always, I remind members, witnesses and those in the Visitors Gallery to ensure their mobile telephones are switched off for the duration of the meeting as they interfere with the broadcasting of proceedings. You are all welcome to this eighth session in a series of hearings conducted over a three-day period by the joint committee to discuss the implementation of the Government decision following the recent publication of the expert group report into matters relating to the cases of A, B and C v. Ireland. On the first day of our hearings, we discussed medical issues and yesterday we heard legal argument and legal opinion. The information we have received has been beneficial in our deliberations. I will take this opportunity to thank all the witnesses to date for their thoughtful and considerate submissions. I also thank members of the joint committee and Members of the Oireachtas for their sensitive handling of the matter with which we have engaged over the past three days. Such measured engagement has been highly positive and has ensured that our discussion has been constructive and informative. As we commence the final day of hearings, I ask that we all continue to engage in a manner that is respectful, tolerant and understanding, as was the case over the first two days and for which I thank everyone.

At the commencement of today's final sessions of the joint committee's three-day hearings, I will set out again the background and intended role these hearings are playing in this important discourse. The purpose of the meeting is to discuss the implementation of the Government decision following the recent publication of the expert group report into matters relating to A, B and C v. Ireland by way of legislation and regulation within the parameters of our current constitutional provisions. The Government has stated that its aim is to ensure clarity and legal certainty in the process for determination of whether a termination of pregnancy is permissible in cases where there is a real and substantial risk to the life, as opposed to the health, of a woman as a result of a pregnancy. In doing so we must ensure that we take full account of Article 40.3.3° of the Constitution. Members have elicited much information from medical and legal experts over the past two days and today, we have an opportunity to build on this detail and to hear of other issues which should be considered when preparing the heads of the Bill on foot of the Government decision. In today's first session, we will hear from representatives of the religious groups and churches, as well an atheist organisation. This will be followed by two sessions in which we will hear from advocacy groups. I welcome our representatives this morning and if I may, I will single out Fr. Timothy Bartlett, who was a former classmate of mine in Maynooth.

Before we commence, I remind witnesses of the position regarding privilege. Witnesses are protected by absolute privilege in respect of the evidence they are to give to the committee. However, if they are directed by the committee to cease giving evidence on a particular matter and they continue to so do, they are entitled thereafter only to a qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamentary practice to the effect that, where possible, you should not criticise or make charges against a person or persons or an entity by name or in such a way as to make him, her or it identifiable. Members are reminded of the long-standing parliamentary practice or ruling of the Chair to the effect that they should not comment on, criticise or make charges against a person outside the House or an official either by name or in such a way as to make him or her identifiable.

I now invite Bishop Christopher Jones from the diocese of Elphin to make his opening remarks. Each group has seven minutes in which to make its presentation.

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