Oireachtas Joint and Select Committees

Wednesday, 3 July 2013

Committee on Health and Children: Select Sub-Committee on Health

Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed)

12:55 pm

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael) | Oireachtas source

My point is further to Deputy Creed's point regarding the right or the need for representation of the unborn. This is not just something that some quarters may think desirable. How is the legislation taking into account the 2011 court decision of Dellway Investments and others v. NAMA and others, which established in law that a third party legally affected by a decision-making body is entitled to both due process and representation? This case cannot be ignored, although I have previously heard a response that this is a medical decision. That may be but the medical decision has extreme legal implications in that if certification is granted, the unborn will lose their lives. Rather than getting complicated and suggesting that all these cases will end in the High Court, I should ask that if these cases are so rare, what is the big deal with the unborn being represented?

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