Colm Burke (Fine Gael) | Oireachtas source

I thank all those who have made a contribution here this morning. I am interested in the regulation and guidelines around this issue, as opposed to legislation. I have been involved in legal practice for over 25 years and identified a defect where regulation was in place without supporting legislation, a defect that subsequently cost the Department of Health and Children €485 million. We have heard a submission this morning proposing that there be regulation and guidelines. Under what legislation would those regulations and guidelines be brought in? Is it not true that if there is regulation only, which does not have supporting legislation, it is likely to be subjected to a constitutional challenge more quickly than legislation? Legislation is definite and decisive.

Article 40.3.3° clearly identifies that the State and its laws must, in so far as practicable, protect the life of the unborn. How can any legislation overrule that section?