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)

1:55 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael) | Oireachtas source

I join in the welcome for the expert witnesses before the committee. I wish to inquire about head 12 which relates to conscientious objection. Reference has been made to patients, doctors and midwives being allowed a conscientious objection, but does an institution have a right to conscientious objection, as endorsed by the Council of Europe? Should head 12(3) be removed? Could the witnesses indicate a “yes” or “no” response?

Is there a definite constitutional obligation to legislate for every decision of a higher court? Deputy Mattie McGrath asked a question which was not answered yet by the panel on whether the Oireachtas has acted unconstitutionally for the past 20 years by not legislating for abortion on the grounds of suicide.

My final question is for Dr. Cahill. Could she explain why we are not compelled to legislate for the X case? Why does she think we have been told repeatedly that we must do so?

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