Colm Burke (Fine Gael) | Oireachtas source

People from six hospitals gave evidence on Friday. There has been criticism about the lack of legislation and it is important to refer to the judgment in the X case, particularly on page 82 of the judgment, where Mr. Justice McCarthy criticised the Legislature for not putting in place laws. The eighth amendment to the Constitution "guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right." The Supreme Court judgment criticised the Oireachtas for not putting in place laws to fully implement the amendment to the Constitution at Article 40.3.3°. It was 20 years ago that the Oireachtas was criticised in this respect and the courts indicated a need for legislation. In the judgment the courts relied on just one medical report, but the system we are discussing would have a requirement for reports from three medical practitioners. Which is the better option? There is nothing preventing the courts, in the absence of legislation, from putting their own interpretation on the Constitution at a future date, so legislation may clarify the issue.

Dr. Montwill referred to the need for support services in hospitals. In the 19 maternity units around the country, does she feel there is adequate support from psychological and counselling sources? Is there a need for a more structured procedure to be established in units around the country?