Oireachtas Joint and Select Committees

Wednesday, 13 December 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Completion of the Examination of the Report and Recommendations of the Citizens' Assembly and Preparation of a Draft Report in accordance with the Terms of Reference of the Joint Committee

2:00 pm

Photo of Kate O'ConnellKate O'Connell (Dublin Bay South, Fine Gael) | Oireachtas source

I only have an issue with the first part of the motion and the words: "having regard to the decision of the Committee not to retain Article 40.3.3°," which we voted on some weeks ago. I suggest that we simplify Deputy Jan O'Sullivan's motion and say that the committee recommends the repeal simpliciteras outlined in the legal advice received by the committee and not refer to our previous Vote here. Perhaps I am being pernickety about the matter. I suggest that we have a stand-alone clear motion that does not refer to anything else that happened previously. Maybe we should state that the term "repeal simpliciter" was used in our legal advice, which would tidy up the motion.

I wish to refer to the point made by my colleague, Deputy Naughton, about having legislation in tandem.

It is my personal view that we heard evidence that showed the difficulties with publishing legislation in tandem, including that it would be subject to amendment in the Houses of the Oireachtas. It is my understanding the recommendations of the committee will go to the Department of Health and that it has the heads of a Bill ready to go, depending on what is included in the report. That is happening, notwithstanding the fact that we heard, according to our legal advice, that there were slight issues with it in that it could be amended. I wanted to make that point.

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