Oireachtas Joint and Select Committees

Tuesday, 2 July 2013

Committee on Health and Children: Select Sub-Committee on Health

Protection of Life During Pregnancy Bill 2013: Committee Stage

6:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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Amendment No. 77, which I tabled and which has been ruled out of order, deals with a related issue that arose in the evidence given at the hearings, namely, the need for capacity legislation to be developed in conjunction with this Bill. Capacity is not provided for in the Bill because we are bringing in specific capacity legislation. Witnesses before the committee have expressed concerns about the clarity that will be provided on the issue of capacity of minors and those of limited capacity. Enacting this Bill in the absence of clarity in this regard will lead to a situation whereby these cases will continue to be argued before the courts. Perhaps the Minister will outline how he intends to address the concerns about capacity that have been articulated by witnesses, the timeline for the preparation of capacity legislation and how the issue will be dealt with in the interim.