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

1:10 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael) | Oireachtas source

Given that there is a disparity of views, as we have seen and heard over recent years, and over recent days in particular, in the degree of emphasis, depending on which side of the argument one finds oneself, is it immeasurably better that there be legislation to ensure consistency of treatment in all circumstances for women who are pregnant and thereby eliminate the possibility of placing the responsibility on the practitioners?

Reference has been made to the possibility of setting aside the Supreme Court interpretation of a previous amendment to the Constitution. While one may disagree from time to time with the decisions of the courts, even the Supreme Court, is it still accepted that the Supreme Court is the ultimate authority in the determination of what is or is not constitutional?

Numerous comparisons have been made with the situation in the United Kingdom as being applicable to this country. Given the written Constitution in Ireland's case and the reliance on Magna Carta in the United Kingdom, is it a worthwhile comparison?

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