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 Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I thank Ms Justice Laffoy, her team and the citizens who have taken part in this very important work over the past few months. It is very much appreciated and I hope we can mirror the maturity and respect she spoke about in relation to the process so far. Many of my questions have been touched on by Deputies Coppinger and Clare Daly but I might hone in a little more on the uncertainty piece around Brian Murray's legal advice and ask whether when Ms Justice Laffoy outlined to the assembly that there were three possible consequences of a straight repeal, it would be fair to describe the assembly's intentions as being to copper-fasten option 1, which would be to give the Oireachtas absolute authority to legislate for abortion access and to prevent any pre-eighth amendment constitutional right? Although there were three options and areas of uncertainty they would make sure that they would rule out the other two so that it could not be used or construed in any other way in terms of the uncertainty he raised.

Why was the assembly not given the option of voting to insert an express positive right to abortion access or to bodily autonomy in pregnancy? On a point of clarification I note that Ms Justice Laffoy described in the report that the assembly's intention was to give full control and exclusive authority to make law in this area. I suppose that ties in a little with what Deputy Clare Daly was saying in relation to the Judiciary and its role. That is very strong language. Could Ms Justice Laffoy clarify whether it was the intention of the assembly to recommend that any abortion legislation passed by the Oireachtas would be immune from challenge in the courts? I felt that the reference to "exclusive authority" and "full control" was very strong language and I ask Ms Justice Laffoy to clarify that for me please.

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