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

I will be briefer than that, because Deputy Clare Daly has asked the question I intended to ask about decriminalisation. Last week we had Mary O'Toole, SC, before the committee and she reminded us that the Supreme Court had set the bar in relation to the balance of rights and there was an equal right to life and that was only called into question in the case of a real and substantial risk to the life of the woman. The Protection of Life During Pregnancy legislation followed on to give effect to that. She made it very clear that it did not include the right to health. I picked up on the point Professor Mullally made, namely: "The commission is of the view that a new framework for access to abortion in Ireland should place the decision-making process primarily in the hands of the pregnant woman in consultation with her physician." I completely agree with that. In arriving at the decision on how to frame it, presumably there was consultation within the organisation, were there examples of other countries where she saw such an approach was in practical use?

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