Oireachtas Joint and Select Committees

Tuesday, 21 May 2013

Joint Oireachtas Committee on Health and Children

Heads of Protection of Life during Pregnancy Bill 2013: Public Hearings (Resumed)

1:45 pm

Photo of Fidelma Healy EamesFidelma Healy Eames (Fine Gael)
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My question to Dr. Maria Cahill, Professor Binchy and Mrs. Justice McGuinness is whether the Oireachtas can satisfy the requirements of the European Court of Human Rights without head 4 of the Bill? After all, this is what the joint committee has been asked to do, namely, to offer such clarity to the European Court of Human Rights.

I also have difficulties with head 19, which I consider to be overly stringent with regard to criminalising the woman. In particular, I wish to raise the issue of time limits. Yesterday, Dr. Peadar O'Grady stated that eight to nine weeks was the critical or best time to intervene in a pregnancy. As the witnesses are aware, this Bill introduces no time limits. This next question is addressed to Mrs. Justice McGuinness because she has asked members to look at it from a human point of view, which I am doing.

It would be barbaric if we had to enact the Bill without time limits because we are quite literally saying that up to the third trimester, including up to 40 weeks gestation, a baby's life could be ended. My question to Mrs. Justice McGuinness is whether it would be unconstitutional to introduce time limits.

My final point is addressed to Professor Binchy and Dr. Cahill. Arising out of Article 40.3.3° and the equal right to life of the unborn and the woman and in view of the fact that there is a direct attack on the unborn in head 4, should the unborn be entitled to the right to legal representation and, if so, at what point?