Oireachtas Joint and Select Committees

Wednesday, 4 October 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

Professor William Binchy:

I think this matter was dealt with in the decision on the X case. The judgment of Mr. Justice O'Flaherty, in particular, covered the precise point the Deputy is making. The Attorney General's argument was that the threat had to be imminent. The court rejected that argument. That is essentially what that case decided. It was dealt with subsequently in the 2013 legislation as well. It is already covered under existing law.

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