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

12:50 pm

Mr. Patrick Carr:

I will pick up on a couple of points that were raised. Deputy Naughten pointed out that we do need a mechanism to comply with the A, B and C v. Ireland ruling, and that is clearly the case. He pointed out, and I think it is an important point, that the Medical Council guidelines will vary every five years. Indeed, successive editions of those guidelines have, from this particular perspective, become somewhat weaker in the sense that they have incorporated some of the thinking of the X case decision. However, it may be possible to have guidelines other than those of the Medical Council. I would see the Institute of Obstetricians having a major role to play in formulating such guidelines, since they are the people most directly affected other than the pregnant women, of course. They are the people who are seeking clarification. The fact remains, however, that while guidelines may satisfy the requirements of the A, B and C v. Ireland judgment, they will not resolve the underlying issue, which brings us back to the X case that can ultimately only be resolved either by revisiting the Supreme Court's jurisprudence or by a referendum.

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