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 Billy TimminsBilly Timmins (Wicklow, Fine Gael) | Oireachtas source

I respect the expertise of our witnesses and their ability to cross-reference other experts. Time and again we have heard the claim that abortion is not a treatment for suicide. Everyone, including the medical experts, are weary of it. Could Mr. Callanan clarify, if we enact head 4, whether we are creating abortion as a treatment or measure to deal with suicidal intent? Could he also comment on Dr. Cahill’s point that if we are to legislate for the X case, we are legislating in defiance of science?

I wish to address two questions to Mrs. Justice McGuinness. It is unique that we have someone who has served for such a long period in the Supreme Court. I would like to get her general view on which she touched in her contribution about the concept of the intent of the Legislature and the literal meaning of the legislation. In Britain they call it the golden rule and the mischief rule. What is her view on the Supreme Court decision of 1992? Does she believe it interpreted the intent of the Legislature at that time or did it go along with the literal meaning?

In her contribution she also mentioned opinion polls and lobbying. It is important to point out that relying on opinion polls on social issues can be most unreliable. In the children’s referendum the poll was on 10 November. In a Red C poll of 19 October, 91% of people said they would vote but only 33.5% did.

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