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
1:30 pm
Mr. Patrick Carr:
It is clear I will not get to answer all the questions that have been asked, and I apologise to those Senators and Deputies whose questions I do not reach. I would certainly be happy to engage with them after the conclusion of these hearings, if that is helpful to them.
Several members raised the question of the authority of the Supreme Court, including Deputies Ó Ríordáin and Durkan and Senator O'Keeffe. We do have a precedent for a case where a decision of the Supreme Court was considered to create such difficulties that it was necessary to have a referendum to reverse it - it was in regard to the law on adoption - so it is not unheard of that the court would make what would generally be considered to be at least an unhelpful decision. We should bear in mind too that there is an even higher authority than the Supreme Court, namely, the people. We have had cases where decisions of the people have been reversed by subsequent referendum, usually on the basis that the initial vote did not accurately represent the people's wishes. That is something else worth bearing in mind.
On the question of lobbying that Deputy Ó Ríordáin raised, I would certainly echo what Ms Breda O'Brien said. It is extremely important that those who lobby their elected representatives do so in a respectful and courteous manner. I am sure, as elected representatives, the committee members welcome hearing from their constituents and knowing what their concerns are. I would urge anyone who contacts them in regard to this issue to do so in a respectful fashion. I believe some of the comments we have seen in recent times, particularly on social media, have been utterly appalling. I would point out, however, that many of these are coming, if one likes, from the other side of the argument.
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