Oireachtas Joint and Select Committees

Friday, 17 May 2013

Joint Oireachtas Committee on Health and Children

Heads of Protection of Life during Pregnancy Bill 2013: Public Hearings

10:20 am

Photo of Séamus HealySéamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

Could Dr. Holohan clarify the question of non-viable fatal foetal abnormality?

My understanding is that the Government in A, B and Cv. Ireland referred to this matter and indicated that there was a belief that it was constitutional. Certainly, evidence presented to this committee in January was very strong in the belief that Article 40.3.3° covered this area. Could Dr. Holohan tell us whether this issue was considered, what the outcome of that consideration was and the reason this was excluded from the Bill?

In respect of appropriate location, the heads refer to health care facilities providing obstetric and mental health services. Does this mean that public hospitals where there are obstetric units but no inpatient acute psychiatric units are not covered as appropriate locations under the Bill? I agree with Senator van Turnhout regarding the repeal of sections 58 and 59 of the Offences Against the Person Act 1861. The penalties arising in the Bill from that appear to be excessive and further clarification is needed. Could Dr. Holohan comment on that?

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