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)

1:05 pm

Photo of Peter FitzpatrickPeter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

I thank those present for the presentation and making themselves available today. The Supreme Court X case decision facilitates the introduction of abortion legislation but is there anything in the Constitution that makes the introduction of such legislation an obligation? Does the definition of "reasonable opinion" in head 1 give significant weight to the duty of care towards the unborn and the equal right to life under the Constitution? In the event of a later-stage termination being carried out under the legislation and where the child lives, will the child have a legal right to know the circumstances of his or her birth and the identity of his or her mother? If a patient is a minor, suicidal and suffering mental health problems, how will she be able to give permission for an abortion in accordance with head 4? Can a well-founded reasonable opinion as defined in head 1 be formed by a medical practitioner where a patient is suicidal but not suffering from any mental illnesses? Will the proposed legislation create a legal precedent in making something legal that would otherwise be illegal merely because of the threat of suicide?

Under the Constitution, the unborn has an equal right to life to that of a person. Will the proposed legislation create a legal proceeding whereby the right to life of a person could be diminished in circumstances where there is a conflict of rights?

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