Oireachtas Joint and Select Committees

Tuesday, 6 November 2018

Select Committee on Health

Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage

11:00 am

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

There are a couple of things to say. Firstly, I welcome the fact that, even from a wide range of perspectives on the substantive issue, Deputies see the benefit of having a review clause. I believe that is the responsible thing to do and it is what the women and doctors of this country deserve.

I should have stated the obvious at the outset. Of course legislation can be reviewed at any time. It is not the position that the legislation cannot be reviewed for five years. Any Member can bring forward any legislation or motion at any time. Moreover, the Minister of the day can make decisions at any time. This is the constitutional authority we now have through the decision made by the people. The difference is that we are including the word "shall". It will not be discretionary for the Minister of the day or ultimately for the Oireachtas. The review will be a legal requirement on the Minister of the day.

One of the Deputies correctly asked how it would work. That is an important question. It is about data – I agree with that – but it is about more than data. It will also be about talking to people who have been providing services, including those consulting and visiting the front line. It will be a comprehensive evaluation of the law, data and operations as well as how it is all operating and whether it is operating satisfactorily. It will be external and independent. It will not be an in-house job, if I may call it that. We would commission someone external and independent to carry out detailed research, which would then be published.

I welcome Deputy O'Reilly's suggestion that the Joint Committee on Health should be involved. That seems sensible. I appeal to Deputies to pass this amendment now but, operating on the basis of the collective wisdom of this committee, I will amend it on Report Stage to insert "3 years" rather than "5 years". I will give that commitment to Deputies today, but I would still like to put in the review clause on Committee Stage. I will reduce the timeframe from five years to three years on Report Stage in the Dáil.

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