Alex White (Dublin South, Labour) | Oireachtas source

There are many questions that we can pose on this, but what the Government and the Oireachtas must do ultimately is come up with answers. Deputy Shortall's question was about how the doctor was to make the call. This was the dilemma she reasonably posited. Our answer to that is contained in the legislation. That is the answer to the question. With respect to Deputy Shortall, I would ask if there is a better way of doing this. If there is, I would be interested in hearing it because there is a constitutional context.

This comes back to Deputy Mulherin's point about Dellway Investments. I will not comment on that. I am here as a Minister of State and it would be above my pay grade to start doing what the Attorney General should be doing. If there is an issue about Dellway Investments in Ireland that needs specific attention, the Attorney General should be asked about it.

I will quote Article 40.3.3°, which is short. The Chairman will not mind because it is for a purpose. It states:

The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

I emphasise "in its laws" and "by its laws". The requirement is that we vindicate the right to life of the unborn and the equal right to life of the mother in the laws that we enact. It does not remotely require us, constitutionally, to put it into each individual case where the issue or the dilemma arises, for example, separate representation. What we are doing is we are calibrating a test in legislation, and it has been extremely difficult to do this. We are guided by the Supreme Court but we have had to listen to everything that has been said, in the committee by members and by persons outside. We are putting together, as best we can, a calibrated test that maintains equal respect for the equal right to life of the mother and the unborn. If there is a better way of achieving this, hand on heart I am genuinely interested in hearing what it is.