Oireachtas Joint and Select Committees

Wednesday, 27 September 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Eighth Amendment of the Constitution: Constitutional Issues Arising from the Citizens Assembly Recommendations

1:30 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats) | Oireachtas source

We are told the people are sovereign. If a constitutional referendum it was passed on a straightforward question of repeal, how would that be interpreted? Would that change how the Judiciary would look at the issue with respect to prior case law? Would the Judiciary look at the discussions and debate that led up to the decision that people made? Does that have an impact? How do they interpret the people's decision?

The witnesses have told us that the balance has already been struck in the X case. The only people who do not have a right to health are pregnant people. The witnesses say that mostly affects children. On certainty among the medical profession, is it something that would be interpreted in the context of a change that people can make given that the Citizens' Assembly has been very explicit with regard to the health aspect across a range of different levels?

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