Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I think there are two different questions there. The first is whether there is more we can do. Let us see. As I said earlier, we have to be open to this discussion. One of the things we are doing is clarifying categorically what it does mean on the record of the Oireachtas. This carries legal weight. I have also offered to write to the committee to do that.

The second part of the Deputy’s question was around there being ambiguity, but the constitution is crystal clear. It is important to point out that the clause here that matters states that the powers “must be exercised by the Directors independently, without religious ethos or ethnic or other distinction, in such a manner that any maternity, gynaecology, obstetrics and/or neonatal services which are lawfully available in the State shall” - not may - “be available in the New NMH”. The Minister has power whereby the directors have the duty to carry out any direction that is issued by the Minister, including "to ensure that any maternity, gynaecological, obstetrical or neonatal service which is lawfully permissible in the State shall be available in the hospital, without religious ethos". The phrase “clinically appropriate” does not appear in either of those clauses. It only appears in clause 3(1), for the reasons that Professor Higgins, the Taoiseach and I, along with others, have already outlined-----