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

3:40 pm

Photo of James ReillyJames Reilly (Dublin North, Fine Gael) | Oireachtas source

I wish the committee and its guests a good evening. I am very pleased to be here to bring the public hearings on the implementation of the judgment of the European Court of Human Rights in A, B and C v. Ireland to a close. I commend the Oireachtas Members and invited guests for the balanced and dignified approach we have witnessed over the last three days. In particular, I thank the Chairman, the clerk of the committee, Paul Kelly, and the committee staff, Mary Lindsay and Colm Duffy, for organising and facilitating these public hearings. We have followed the hearings closely and have found the presentations and insights very useful and thought-provoking. I am confident the submissions and the report of the committee on foot of them will greatly assist me and my officials in examining the issues involved in the implementation of the judgment and in formulating a legislative response which will bear public and parliamentary scrutiny.

Last December, the Government approved the implementation of the judgment of the European Court of Human Rights in A, B and C v. Ireland by way of legislation and regulation within the parameters of Article 40.3.3° of the Constitution as interpreted by the Supreme Court in the X case. It agreed also to make appropriate amendments to the criminal law. The aim of the legislation will be to regulate access to lawful terminations in accordance with the Supreme Court judgment in the X case and to provide for the drafting of regulations to deal with relevant operational and procedural matters. The advantage of this regime is that the key principles in the primary legislation will be open to the democratic scrutiny of the Houses of the Oireachtas while the regulations will be open to amendment where necessary to address, for example, changes in clinical practice and scientific advances. Now that we have heard the views of medical and legal expert as well as those with a keen interest in the issue, I will, pending receipt of the committee's report, instruct my officials to start developing policy proposals for the legislation.

Much work remains to be done to examine and evaluate possible avenues for the assessment of an entitlement to lawful termination of pregnancy in Ireland and for the delivery of medical treatment. As the exert group indicated, various options exist on the number, roles and qualifications of the doctors who will be involved in decisions as well as on the locations where terminations would take place. The issue of providing for conscientious objection must also be carefully considered. In addition, proposals will require to be formulated on the establishment of a formal framework to review an initial clinical decision. This is one of the main requirements emanating from the A, B and C v. Ireland judgment. I reiterate to the committee that the only purpose of the legislation will be to clarify what is lawfully available by way of treatment in cases where there is a real and substantial threat to the life of a pregnant woman and to set out clearly defined, specific circumstances in which this treatment can lawfully be provided. It is clear that much work remains to be done by the Department of Health to give effect to the policy requirements to implement the ECHR judgment through a new legislative framework. The procedural options are complex given the technical medical, legal, ethical and health-service organisational implications.

I look forward to receiving the report of the committee. Once my officials have completed their preparatory work and the heads of Bill have been developed, the Department will engage further with the committee. I thank the Chairman and all who have participated in these public hearings for their invaluable contribution and assistance to me and my officials in the complex work that lies ahead of us.

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