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

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I wanted to ask a question about the Mellet and Whelan cases and the extent to which medical advice and objective counselling, which were clear and unambiguous, were available to them that might have been to their advantage.

My last point is a legal issue. There could come about a situation whereby the right to life of an unborn child may come into focus. For instance, the European Charter of Fundamental Rights did not deal with the issue but the very first article states everyone has the right to life. I just wonder if there is recognition of the fact that a legal challenge may come from some quarter. Are the witnesses aware that might happen? I know the supposition is that it would be outside of the reach of the courts to challenge it if the legislation is passed but I have my doubts about that one as well because I think that will be challenged too.

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