Oireachtas Joint and Select Committees

Wednesday, 20 September 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Eighth Amendment of the Constitution: Engagement with Ms Justice Mary Laffoy, Citizens' Assembly

1:30 pm

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

We are in the two-minute slot so it is incredibly difficult for us to ask questions. Before we ask them, I thank Ms Justice Laffoy and the citizens for an outstanding piece of work. It has been great for the Irish public. Ms Justice Laffoy made the point that she was dealing with a topic which she described as one of the most divisive and difficult. However, is it not the case that her work has shown the opposite, that when one creates a space where people can discuss this topic rationally with expert medical and legal opinion, an overwhelming majority of people - two thirds - adopts a view akin to that of most of our European peers, which is access to abortion without restrictions? On the idea of reasons being selected randomly as favoured ones, Ms Justice Laffoy said in answer to Deputy Kelleher that there were no particular reasons. It was an understanding, perhaps, that a reasons based approach is not something that works in other jurisdictions and that the best way forward is to trust women and medical practitioners. Does Ms Justice Laffoy think there is an expectation among the citizens that their views and recommendations will be implemented in full?

I have two further brief questions. Having voted to repeal and take this out of the Constitution, the idea of replace and putting something in instead is a little confusing for people. Ms Justice Laffoy has made it clear to the committee, as well as in her written documents, and the 74 submissions from the citizens have also made it clear that the reason they did that is not that they wanted it in the Constitution but that they wanted to make sure that the Legislature would not be restricted in legislating. In her judicial experience, can Ms Justice Laffoy think of any other example where we would provide in the Constitution, "the Oireachtas must legislate for this"? Normally, we trust the Judiciary to interpret the Constitution and we allow the Oireachtas to do it. Is there any other area where we say, in essence, "let the Oireachtas legislate" and more or less dilute the role of the Judiciary? Are we not better off leaving it the way it is, that the Oireachtas legislates and the Judiciary interprets that?

On the ancillary recommendations, why was decriminalisation not recommended? If one looks at all the responses from people, that appeared to be a clear demand and it tallies with the World Health Organization and other organisations.

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