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
Jerry Buttimer (Fine Gael) | Oireachtas source
First, I commend Ms Justice Laffoy and Ms Finegan on their presentations and thank them for their endurance. In one response from a member of the assembly, the issue of clarity regarding repealing versus amending arose. If there was confusion or uncertain in the assembly, dare I say it that would still apply to the wider population, given that the assembly is reflective of society? How can we ensure there is a clear understanding in regard to the repealing versus amending issue?
Second, on the issue of certainty, I am still unsure as to what Ms Justice Laffoy meant by the constitutional challenge in terms of the courts and avoiding judicial proceedings. Surely if an amendment is made to the Constitution, it is open to questioning in the courts. How do we bring certainty to the issue? I refer to what Deputy Browne alluded to and I have read Dr. David Kenny's paper, which I will have to read again. What happens if a referendum to repeal is passed and the Oireachtas decides to make no change?
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