Denis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

I thank the speakers for their evidence. I ask Mr. Callanan to comment on Dr. Cahill's evidence on the Cosma v. Minister for Justice case and give us his perspective on that. Both Mr. Callanan and Mrs. Justice McGuinness have said the legislation before us is quite conservative and Professor Binchy made the point that the Supreme Court decision on the X case allows for the termination of the life of the unborn rather than terminating the pregnancy right up to term. In light of that, does head 19 not restrict that right in that it makes it illegal to kill the unborn as set out in the legislation? If so, is it the case that the legislation before us does not go far enough and could be unconstitutional on that basis? If the legislation, as it is framed, does not provide for late terminations on the grounds of suicide, does that raise constitutional issues regarding the ability of a woman to avail of the legislation and does it raise issues for the decision of the European Court of Human Rights? Senator Colm Burke raised the issue of guidelines and regulations without primary legislation. Would that not facilitate a mechanism of regulatory creep regarding what is allowed depending on the Minister of the day? Could someone clarify that for me?