Colm Burke (Fine Gael) | Oireachtas source

I thank each of the panel this morning for their constructive contributions.

First, I want to ask Dr. Mills and Mr. O'Connor about the issue of where the expectant mother is under 18 years of age. The question at present is that the heads of the Bill are silent on dealing with that issue. Is it their view, when three medical persons come to a conclusion no matter what way we structure this, that there should be a procedure put in place to deal with that from a legal point of view? In particular, there is a distinction between someone who is under 16 and someone who is over 16. I wonder would they clarify their own views as regards how we should go forward with that issue.

Mr. Brady used the quote from Mr. Justice McCarthy from page 82 of the Supreme Court judgment in the X case. It is important that I would quote what Mr. Justice McCarthy stated: "In the context of the eight years that have passed since the Amendment was adopted and the two years since Grogan's case the failure by the legislature to enact the appropriate legislation is no longer just unfortunate; it is inexcusable". That was 21 years ago. His criticism was about the lack of legislation. I am not clear on Mr. Brady's criticism this morning as regards what he thinks is the best way of dealing with this matter. The Supreme Court was quite critical of the Oireachtas for not having legislation.

Ms Simons stated there are alternatives. I presume to what she refers is that there should be no legislation and it should be by way of guidelines. I may have misinterpreted her view. I am wondering under what existing legislation is she talking about guidelines. For guidelines to be put in place, there has to be legislation. Perhaps she might outline alternatives to the way we are dealing with this.