Oireachtas Joint and Select Committees

Tuesday, 21 May 2013

Joint Oireachtas Committee on Health and Children

Heads of Protection of Life during Pregnancy Bill 2013: Public Hearings (Resumed)

11:20 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael) | Oireachtas source

On the suggested lack of obligation on the part of the legislators to introduce legislation following the X case decision, I ask Mr. Brady to elucidate whether he has argued in the past for the introduction of legislation when the courts have identified a void or lack of legislation in order to facilitate them in their procedures.

To what extent must the legislators and the courts have regard to the decision of the Supreme Court in the X case regarding the degree to which conscientious objection can prevent particular procedures or treatments from being made available to women or unborn babies?

Is it permissible for the Government or legislators to introduce legislation that they know to be in breach of a constitutional court's decision - the Supreme Court's decision - regarding a particular issue in legislation in which the court has already decided, notwithstanding the time lapse in the intervening period? I, as a legislator, am not a member of any organisation, either pro-choice or pro-life, but I would feel I am a reasonably-----

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