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

Ms Justice Mary Laffoy:

On the decriminalisation issue, that really turns on what the legislation provides. If we look at the 2013 Act, for instance, which gave effect to the X case following the decision in Strasbourg, we see that one section provides that "It shall be lawful to" carry out such an act. In fact, two sections, sections 7 and 9, make that provision. Then, towards the end, section 22 says "It shall be an offence to" carry out another act. The issue of decriminalisation really turns on what is legislated for and how the Oireachtas decides that a certain procedure will be lawful. This cannot be dealt with without taking a broad view of what might happen. If one looks at the 2013 Act, it gives one an idea of what might happen. I do not know. Thought will have to be given to what will be made lawful. If something is not made lawful then it will be an offence to do it. To be honest I have not given this any thought. It might be something on which the committee should obtain advice. I have not given any thought to whether this could be taken out of the criminal sphere altogether. The reason for that is that it really depends on what is contained in the body of the legislation. I do not know. That probably does not answer the Deputy's question very well but-----

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