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

12:30 pm

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I thank all the speakers, who have given a good summary of the issues.

It was argued this morning that there was no medical evidence given to the court in the X case. Does this not lead to the argument for the need for legislation? If the legislation set out specifically that two psychiatrists, for example, must sign off on a case, the court would be clearly guided in such circumstances.

There are 126 obstetricians working within the 19 maternity units across the country. The view of all of them is that, at all times, they must protect the life of the mother and child. No change in legislation will change their view in that regard; it is their priority. However, the obstetricians are seeking clarity. It was argued this morning that there should be regulation rather than legislation. This morning, I argued about circumstances in which there is regulation without legislation. If an additional regulation can be introduced under existing legislation, what is that legislation? Could it still be tested in the courts at a later stage if there were a lack of primary legislation dealing with the regulation? That needs to be clarified.

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